Renters’ Rights Act at risk without strong council enforcement – Generation Rent

A tenant organisation has warned the Renters’ Rights Act could fail if councils do not rigorously enforce the law against criminal landlords.

Writing in Inside Housing magazine, Generation Rent chief executive Ben Twomey argues the Act could become “no more than words on paper” without proper enforcement.

Under the Renters’ Rights Act, councils will have new powers to issue fines of up to £40,000 for serious or repeated breaches, and £7,000 for other breaches of the rules.

If the new law isn’t properly enforced, it could be no more than words on paper

Mr Twomey warns an investigation by The Guardian, which found that two-thirds of councils in England have not prosecuted a single landlord in the past three years despite receiving 300,000 complaints from tenants during that time, is worrying, as the Renters’ Rights Act will come into force on 1 May 2026.

He writes in Inside Housing: “The Renters’ Rights Act will be a moment to celebrate, a testament to the tireless campaigning of renters’ organisations across the country.

“However, fairer winds for renters are not guaranteed. If the new law isn’t properly enforced, it could be no more than words on paper.

“Half of local authorities responsible for housing didn’t fine a landlord between 2022 and 2024, with fewer than 2% of renter complaints leading to formal enforcement. A major reason for this is that council funding for enforcement fell by an average of 41% between 2010 and 2020.

“The obvious question, then, is how can we expect councils to police a host of new regulations when they are already failing in their existing duties?”

Critical that councils are able to robustly enforce the new laws early on

He adds: “Many landlords will educate themselves on the new regulations and seek to abide by them, but others will be watching keenly to see what they can get away with after 1 May.

“We are already hearing tales of letting agents trying to pull the wool over renters’ eyes, demanding a “statement of intent” from prospective tenants to commit to remaining in the property for 12 months with no break clause.

“This statement has no legal basis, but does effectively trick renters into thinking that they do not have the flexibility in their home that the new law provides, and it may even put tenants off from taking a tenancy they are perfectly entitled to because they can’t commit to that period.

“It’s therefore critical that councils are able to robustly enforce the new laws early on, using the increased civil penalties to demonstrate to landlords what happens if they try to ignore them.”

The government has confirmed that councils will receive £18.2 million in funding to support enforcement under the Renters’ Rights Act.

Councils will benefit from the Renters’ Rights Act

As previously reported on Property118, industry experts have argued the only people to benefit from the Renters’ Rights Act, which stand to gain more funding through enforcement.

Legal expert Des Taylor from Landlord Licensing & Defence told Property118: “At the end of the day, everything that is happening in the Renters’ Rights Act appears to benefit one particular type of organisation: councils.

“He says councils are fining landlords because they can, and because it’s far easier than taking them to court.

“It’s like a drug,” Des says. “The more they enforce, the more money they get, and they use that money for more enforcement.”

He adds in reality, criminal landlords will still evade enforcement.

He explains: “What I see is, will the really bad landlords get caught? I don’t think so, and not on a regular basis.

“But if you don’t have a licence and you’re in a London borough, you’re looking at a fine that could be between £3,000 and £17,000. And if you’ve got a big portfolio, it could be as much as £20,000.”

Property118 commercial reality check

The political theatre around enforcement masks a simple truth. Responsible landlords already carry the weight of compliance, cost inflation and scrutiny. The real risk is not professionalism. The real risk is uneven, inconsistent enforcement that punishes the compliant while leaving genuine criminals untouched. Serious landlords cannot allow their businesses to be collateral damage in a system designed to raise revenue rather than raise standards.

What landlords should do next

Document and audit readiness. Create a clear evidence trail that shows you operate above the minimum standard. A well-organised portfolio protects you from opportunistic penalties and reduces the time you spend justifying your professionalism to overstretched councils.

Structured compliance planning. Map each property against forthcoming requirements and expected inspection or documentation points. A simple calendar or dashboard restores control and removes the anxiety caused by shifting regulatory headlines.

Smart refinancing. Strengthen your financial position before enforcement intensity rises. Improved gearing, stronger cash buffers and predictable repayment schedules help you absorb any additional administrative or compliance costs.

Selective disposals. Some landlords will decide that certain units no longer justify the regulatory drag. Modelling a strategic disposal plan keeps you in the driving seat rather than reacting under pressure. If you are considering selling, it is worth reviewing this guide on calculating Capital Gains Tax before making any decisions: https://www.property118.com/why-every-landlord-should-calculate-cgt-before-selling-a-single-property/

Advantage through professionalism

Landlords who stay organised, financially prepared and structurally clear will outperform those who wait to see what councils do. Control comes from preparation. Confidence comes from knowing your numbers.