How Local Authorities Can Now Investigate Private Landlords

Written by Daniel Andrews, Partner & Solicitor, Cramp & Mullaney LLP
Last reviewed: April 2026


The Renters’ Rights Act 2025 does not only create new rights for tenants and new obligations for landlords. It also substantially strengthens the enforcement framework available to local housing authorities in England. Since 27 December 2025, councils have had new investigatory powers that go significantly beyond what was previously available, and the Government has backed those powers with dedicated funding to ensure they are actually used.

What Powers Do Councils Now Have?

Local housing authorities now have the power to inspect residential properties, both with advance notice and in certain circumstances without it. They can require landlords and letting agents to produce documents, including tenancy agreements, safety certificates, deposit protection records, and rent accounts. They can access third-party data, such as land registry records, council tax data, and tenancy deposit scheme records, to check whether landlords are meeting their legal obligations. And they can interview landlords, agents, and tenants as part of a formal investigation. These powers are considerably more extensive than what was available before December 2025, when enforcement was largely reactive and dependent on complaints.

The Government allocated £18.2 million to local authorities in 2025 to 2026 to support implementation and enforcement of the Act. This is a meaningful resourcing commitment. However, a Freedom of Information investigation conducted in March 2026 found that enforcement preparedness varied considerably between councils. Of 20 major councils surveyed, only five confirmed that their enforcement arrangements were fully operational ahead of the 1 May 2026 commencement date. Tenants in areas served by less well-prepared councils may need to be persistent in following up complaints.

Civil Penalties

When a local authority finds that a landlord or agent has breached housing law, it can impose a civil penalty notice. The penalty for a first offence can be up to £7,000. Repeat offenders face penalties of up to £40,000. Civil penalties can be imposed more readily than criminal prosecution because the evidential standard is the balance of probabilities rather than the criminal standard of beyond reasonable doubt, and the process is administrative rather than requiring a court hearing.

Rent Repayment Orders

In addition to enforcement through local authorities, the Act expands the availability of Rent Repayment Orders, which tenants can apply for directly at the First-tier Tribunal. Where a landlord has committed certain specified offences, including knowingly misusing possession grounds, providing false information on the PRS database, carrying out an illegal eviction, or using harassment to cause a tenant to leave, the tribunal can order the landlord to repay up to 24 months’ rent. For a tenant paying £1,500 per month, that represents a potential award of up to £18,000.

How to Report a Landlord

If you are a tenant in London or the South East who is concerned that your landlord is not complying with their legal obligations, you can report the matter to your local council’s Private Sector Housing or Housing Enforcement team. Put your complaint in writing, explain the nature of the issue and what steps you have already taken, and include any documentary evidence you have. Follow up if you do not receive a response within a reasonable period. If the council’s response is unsatisfactory, we can advise you on alternative routes including court proceedings and Rent Repayment Order applications.

Cramp & Mullaney LLP advises landlords and tenants across London and the South East on the Renters' Rights Act 2025 and all aspects of landlord and tenant law. If you would like to discuss your situation, please call our Eastbourne office on 01323 720581 or our Battle office on 01424 533222. We offer a fixed fee 30-minute initial consultation.

This article is for general information only and does not constitute legal advice. If you need advice about your specific situation, please contact Cramp & Mullaney LLP on 01323 720581 (Eastbourne) or 01424 533222 (Battle), or email us at info@cmlaw.co.uk. We are authorised and regulated by the Solicitors Regulation Authority (SRA No. 598851).

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