Dramatic new council powers come into effect over the Christmas period – and TV property expert Phil Spencer is concerned at how they may hit landlords.
The new powers – part of the new Renters Rights Act – come into effect on December 27.
Specifically, government guidance to council officers says: “The Renters’ Rights Act contains powers to enter a rental sector business premises with, and without, a warrant … You can enter a business premises at a reasonable time to request documents and or to seize evidence if you reasonably believe a relevant person is running a rental sector business there.”
It continues: “If you are the person exercising the power of entry into business premises, you are allowed to: take another person or people with you, who will then have the same powers whilst they are with you; take equipment; take photographs; make recordings.”
The documents include:
The guidance adds that “routine” visits to lettings agency branches or professional landlords’ business premises require 24 hours notice, but this notice can be waived aside if the inspection is “non-routine” – and the reasons for waiting the notice is simply that “it is not reasonably practical to give notice … giving notice would defeat the purpose of entry.”
If the landlord agent in an office refuses access when notice is given, the council can apply for a warrant.
Phil Spencer writes, in a column on Letting Agent Today: “Just about all letting agents will already have all these documents on record, so they have nothing to fear from the new council powers. But how many self-managing landlords will be able to say the same?”
The government guidance to councils continues that in some cases: “If you reasonably suspect that a document may be needed as evidence for a breach or offence under the rented accommodation legislation, you can take it.
“If you reasonably believe the document is something you are allowed to search for or seize or that it contains information you are allowed to seize, but it’s not reasonably practical to decide this on the premises or to separate it on the premises, you can take the document using the additional powers in section 50 of the Criminal Justice and Police Act 2001.
“You will then need to assess if the document is relevant as soon as reasonably practicable afterwards. If it is not relevant you will need to give it back as soon as reasonably practicable.”
The full guidance is available here: https://www.gov.uk/government/publications/investigatory-powers-guidance-for-renters-rights-act-2025?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=51fc1f5b-d5d3-40b9-b578-77f94abdf721&utm_content=immediately#full-publication-update-history
This article is taken from Landlord Today