Council powers for surprise inspections will come into force this week

Experts are warning that new rules for councils, which come into force this Saturday (27 December), will give authorities unprecedented powers to enforce compliance.

Under the Renters’ Rights Act, councils will gain the power to carry out surprise inspections, including entering premises where tenancy records are kept, and to issue fines running into thousands of pounds.

Solicitor and managing director of Landlord Law, Tessa Shepperson, warns the new powers will be the biggest shake-up for landlords in 30 years.

Landlord organisation iHowz argues that instead of widening powers over compliant landlords, councils should take a risk-based approach and focus on the small minority of bad landlords.

Councils will gain the right of entry with or without a warrant to inspect for compliance

Rodney Townson, from landlord organisation iHowz, tells Property118 councils will gain a new variety of powers under the Renters’ Rights Act.

He explains: “This Christmas will feel more like Halloween for landlords, with the first instalment of the Renters Rights Act granting local authorities greater powers of investigation from 27 December 2025.

“Not only will councils gain new powers to gather information, they will also gain the right of entry, allowing them to enter business and residential premises with or without a warrant to inspect for compliance with housing laws.

“Under the new investigation powers, councils can compel landlords, letting agents, and third parties (e.g., prop tech companies, banks, accountants, contractors) to provide documents and information related to housing compliance.”

He adds landlords could now face fines of up £40,000 for breaking the rules.

He says: “The level and scope of fines will increase, while the requirement for court scrutiny is reduced. Unelected officials will be able to raise fines of up to £7,000 for initial prosecutions, with persistent offenders facing fines of up to £40,000 for non-compliance.”

Landlords have had it easy for the past 30 years

Ms Shepperson says the new rules will be a wake-up call for landlords and tenant organisations could use the new powers to their advantage.

She said: “Landlords have had it easy for the past 30 years or so, but that is about to change. Local authorities have been given new powers to carry out investigations.

“After 1 May 2026, they will have to use them to take enforcement action, or face Judicial Reviews from tenants’ organisations, who I understand are panting for the opportunity.”

Ms Shepperson adds in the New Year she will publish a special guide on local authority enforcement action for landlords.

She says: “My service Landlord Law has a huge amount of information and guidance for landlords.  This will shortly include a special guide on local authority enforcement action, which I am currently still developing.  Find out more about Landlord Law membership at https://landlordlaw.co.uk/”

Councils have become overly reliant on licensing schemes

Mr Townson says councils have become overly reliant on licensing schemes and fines, and this approach risks penalising compliant landlords rather than tackling criminal landlords.

He said: “Successive governments appear to assume that expanding local authority powers will automatically deliver a stronger private rented sector. In reality, it seems that they have cherry-picked legislation, choosing the low-hanging fruit of licensing and fines on landlords who are largely compliant to fund their operations.

“iHowz ask that councils take a more risk-based approach, where enforcement is focused on identifying and removing the small minority of genuinely bad landlords, rather than imposing ever-wider controls on the entire sector.

“Instead of relying on licensing schemes and fines to generate revenue, government should properly fund local authorities, while requiring clear regular of their PRS engagement and enforcement to ensure it is fair, targeted and proportionate.”

Maintaining regular communication

iHowz is urging landlords to act ahead of the new rules and is giving guidance on what they need to do.

Mr Townson says: “Whether the landlord manages their property directly or using an agent, they are ultimately responsible for ensuring their property remains safe and compliant.

“Maintaining regular communication with tenants and regular inspections will become even more important, in order to identify and address any issues.”

iHowz have also published a guide to the Renters’ Rights Act to help its landlord members and it will soon be available to non-members.

Share This Article