Councils granted new powers to target landlords in enforcement crackdown

Councils could have stronger powers to carry out surprise enforcement inspections under the Renters’ Rights Bill.

Amendments to the Renters’ Rights Bill, passed by members of the House of Lords, could allow local authorities to enter private rented properties without giving landlords advance notice.

Previously, councils were required to give tenants and landlords 24 hours’ notice before taking enforcement action. This requirement will still apply to tenants.

However, landlords will now be informed within ‘a reasonable amount of time’ AFTER the entry has taken place.

Good landlords have nothing to fear

Baroness Taylor of Stevenage, Parliamentary Under-Secretary of State for Housing, told members of the House of Lords, the changes will stop criminal landlords from evading enforcement.

She said: “My Lords, government Amendments 111, 112 and 113 to Section 239 of the Housing Act 2004 and Clause 126 of the Renters’ Rights Bill amend the requirements for entering premises without a warrant for the purposes of certain enforcement action. Notice to the property owner or landlord will now be provided after the entry has taken place, within a reasonable amount of time, rather than at least 24 hours before.

“The 24-hours prior notice requirement for tenants and occupiers will remain, so residents will always be aware that a power of entry is going to be exercised, whether that is under Section 239 of the Housing Act 2004 or Clause 126 of the bill.

“Local authorities have told us that providing notice can result in unscrupulous landlords hiding evidence of breaches, intimidating tenants, and temporarily fixing issues before reverting to non-compliance.”

She adds “good landlords have nothing to fear from the amendments.”

She said: “Local authorities are able to use these powers of entry only if they consider them necessary to determine whether enforcement action is needed. Officers will need the correct authorisation and will need to state the purpose of the inspection and ensure lawful use of the power of entry.

“Compliant landlords will not face any detriment as a result of this change, which is not intended to impact on good landlords. They will benefit from streamlined enforcement, with transparency through timely post-inspection notices.”

Changes introduce ambiguity

However, Lord Jamieson of the Conservatives pointed out the amendments could open the door to abuse of power.

He said: “On these Benches we have consistently supported effective enforcement, but it needs to be proportionate, accountable and clearly justified. The balance between enforcement and individual rights is delicate, and changes to that balance demand close scrutiny.

“These changes introduce ambiguity into what should be a tightly regulated area of enforcement.

“They risk undermining trust in local authority investigations and could lead to a greater number of legal challenges, confusion and even misuse. We cannot and will not support provision that weakens accountability without offering clear safeguards in return.

“Powers of entry are intrusive by their nature. If they are to be exercised without prior warning, there must be rigorous justification, robust checks and balances and explicit limits to prevent overreach. That bar has not been met.”

He adds: “This bill is an opportunity to rebuild confidence across the housing system, but confidence rests on fairness. These amendments risk tipping the balance too far, undermining transparency and weakening the very safeguards that protect landlords and tenants alike.

“For those reasons, we will vote against this package of amendments and urge the government to reconsider their approach in this area.”

The House of Lords have passed the amendment, but it still needs approval from the House of Commons during the ‘ping pong’ stage, where amendments require agreement from both Houses before becoming part of the final legislation.

Intimidating for tenants

The Chartered Institute of Environmental Health (CIEH) have welcomed the changes, claiming having landlords at enforcement inspections is “intimidating for tenants.”

Mark Elliott, President of the Chartered Institute of Environmental Health, said: “We are delighted that the Government has recognised the need to remove this requirement, which has long been a barrier to effective enforcement of housing legislation.

“We have raised this issue with parliamentarians through our submissions on the Bill and as an agenda item for a ministerial meeting.

“The current requirement provides an opportunity for the landlord to appear at the inspection, which can be an intimidating experience for the tenant making the complaint.

“Local authorities should be able to conduct such visits without giving the landlord 24 hours’ notice, permitting private conversations with the tenant before the local authority contacts the landlord to notify them if works are required.”