New Local Authority Investigatory Powers - What Landlords and Letting Agents Need to Know
As from the 27th December 2025, the Renters’ Rights Act 2025 will introduce a new enforcement framework intended to improve standards across the private rented sector. At the heart of these reforms lies a set of investigatory powers being granted to local authroities in England.
Investigatory Powers
The purpose of the updated investigatory regime is to give councils the power to enforce legislation. These powers are not designed to be intrusive, they create a structured legal framework that ensures evidence is gathered lawfully, inspections are conducted professionally, and both letting agents’ and landlords’ rights are respected throughout the process.
Local authorities are expected to use these powers in a manner that is proportionate to the suspected breach. Robust governance, full record-keeping and training are central to the system. This ensures consistency across local authorities and reinforces accountability.
Access to premises: knowing what to expect
A major aspect of the Act relates to entry into properties and business premises.
For residential premises, the rules are very clear. Officers must give at least 24 hours’ written notice under Section 114 of the Renters’ Rights Act before entering a tenant’s home, unless they have obtained a warrant from the court. Upon arrival, the housing officers must present identification and clearly state the purpose of the visit.
Business premises are subject to slightly different rules. Officers may enter without prior notice where it is appropriate, for example when records relating to management or licensing are held there. Although the notice requirement differs, the same principles apply: officers must act responsibly, cause minimal disruption and explain their authority when requested.
Forced entry is only available in limited circumstances and must be authorised by a magistrates’ warrant. This ensures that the more intrusive powers are exercised only when they are necessary.
Evidence gathering: powers and limits
Once lawfully inside, officers may inspect the premises, take photographs or video recordings, make enquiries of those present and examine documents. They may also seize or copy documents and items where they have reasonable grounds to suspect the material may be required as evidence in proceedings.
However, important safeguards apply. Officers cannot seize legally privileged material such as communications between a landlord / letting agent and their solicitor. Any document or item taken must be recorded in writing, handled securely, and returned once it is no longer needed. Although the standard retention period is three months, this may be extended if ongoing proceedings make it necessary.
These safeguards ensure that investigations can be thorough without compromising fairness or legal rights.
Requests for information beyond the property
The Act gives local authorities the power to request information from landlords, letting agents, property managers, managing agents, tenants, former owners, online platforms and various service providers. These written requests must set out:
the information being sought;
the reason it is needed; and
the deadline for compliance.
Recipients are legally obliged to provide the information unless they have a reasonable excuse. This mechanism is important in cases involving complex ownership structures, poor management practices or uncertainty about responsibility for the property.
Professionalism, integrity and transparency
Government guidance states that investigatory powers MUST be exercised with professionalism, integrity and respect. Officers are expected to be properly trained, understand the limits of their authority and follow the relevant codes of practice, including those relating to the handling of seized material.
Transparency is a recurring theme. Officers should be clear about what they are doing and why. Individuals involved in an investigation—whether tenants, landlords or letting agents—must be kept informed, treated fairly and given the opportunity to raise concerns if they believe a power has been misused.
What are the implications for landlords?
For landlords, the message is clear: compliance is not optional. Councils now have a more robust legal framework to investigate breaches relating to licensing, safety standards and property management. Landlords should therefore ensure:
properties are licensed where required;
safety obligations are met and documented;
management records are accurate and readily available; and
tenants can raise concerns without obstruction.
A transparent, well-managed property will imake any inspection straightforward.
Overall, the investigatory powers being introduced by the Renters’ Rights Act 2025 reflects a shift towards greater accountability in the private rented sector. The Government’s guidance provides clarity for councils and a clear compliance roadmap for landlords and letting agents.
As the Act comes into full force, understanding these processes will be essential. Investigations will be more transparent, enforcement will be more consistent, and the sector as a whole will move towards higher and more reliable standards.