Enforcement first, reform later

While many of the headline reforms – most notably the abolition of Section 21 – will not take effect until 1st May 2026, the government has chosen to introduce enhanced enforcement powers immediately. From December 2025, councils with housing responsibilities are no longer passive regulators; they are under a positive legal duty to enforce.

This means councils can now enter our office or your home and require the production of documents covering the previous 12 months. These powers apply not only to landlords, but also to letting agents, property managers and other “relevant persons” operating within the private rented sector.

What can councils ask for?

In practical terms, enforcement officers may request a wide range of documents, including:

• Tenancy agreements
• Deposit protection certificates and prescribed information
• Right to Rent records
• Gas safety and electrical safety certificates
• Energy Performance Certificates
• Legal notices served
• Repair and maintenance records
• Licensing documentation

None of this is new. Every one of these requirements already sits within the existing body of landlord law. What is new is the ease with which councils can now inspect and verify compliance.

Powers of entry – with and without notice

Routine inspections of business premises will usually require 24 hours notice. However, that protection is thinner than it may appear. Where officers believe notice is impractical—or might “defeat the purpose” of the visit—they can attend without warning. If access is refused following notice, councils can apply for a warrant.

Once inside, officers may take photographs, make recordings, bring additional personnel, and seize documents where they reasonably believe those documents may be evidence of a breach.

Why this matters more than ever

For conscientious landlords and agents, this is not about fear, it’s about preparation. In a sector governed by hundreds of overlapping rules, enforcement inevitably focuses on paperwork. Missing certificates, incomplete records, or poor systems are now far more likely to come to light.

Those who maintain organised files, up-to-date compliance checks and clear audit trails will be well placed. Those who rely on informal processes, historic assumptions or “we’ve always done it this way” may find the pressure increasing rapidly.

Phil Spencer has recently commented in the property press: “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.

A regulatory landscape that isn’t standing still

The key point, echoed time and again by housing law specialists, is that complexity is now a permanent feature of the private rented sector. With more than 190 legal obligations already in force – and councils being funded and trained to enforce them – the direction of travel is unmistakable.

Good letting practice has always been about more than finding tenants and collecting rent. In today’s environment, it is about governance, documentation and demonstrable compliance.

And as the Renters’ Rights Act continues to unfold, those foundations will matter more than ever.

If you are concerned about how this might affect you why not give us a call on 01480 494939 or set up a meeting.
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