The first phase of the Renters Rights Act (RRA) kicks in today, December 27.
Although many of the biggest changes created by the RRA – including the removal of Section 21 powers – do not come into force until May 2026, the government has chosen to introduce enforcement powers earlier to ensure agents and landlords are already meeting their existing legal responsibilities before the larger reforms take effect.
From today, local councils with housing responsibilities will have the authority to enter agency premises and demand agents’ documents relating to the previous 12 months. They will be under a legal obligation to enforce the Renters Rights Act, so they will be expected to act proactively as well as reactively.
The documents include:
The RRA gives local authorities – from today – the right to demand that “relevant persons” (ie, letting agents, landlords, property managers, institutional owners and others) produce documents for “any purposes connected with” specific elements of a range of laws including the Protection from Eviction Act 1977; the Housing Act 1988; the Enterprise and Regulatory Reform Act 2013; the Housing and Planning Act 2016; and some elements of the RRA.
These powers for councils will be extended to include other legislation from May 2026.
Government guidance on the new powers 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 guidance says that “routine” visits to lettings agency branches 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 agent in an office refuses access when notice is given, the council can apply for a warrant.
In terms of documents which can be taken from agency offices, the guidance to local government officers states 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 Boydens property management service says: “With new powers and a new duty to enforce, councils can and likely will begin actively seeking out issues. This includes cross-checking data and investigating properties that may not meet licensing, documentation, or safety requirements. Landlords who keep good records and maintain their properties properly will be in a strong position. Those who haven’t kept up with the paperwork may find themselves under pressure.”
To assist with enforcement, councils are being given £18.2m in this current financial year, allocated on the number of private rented sector properties in each local area. The campaigning charity Shelter is giving training to some local government officers.
This article is taken from Landlord Today