The New Investigatory Powers in the Renters’ Rights Act 2025: What They Might Mean for Landlords
Introduction
The Renters’ Rights Act was signed into law in October 2025. As you probably know, this new law is bringing in some major changes for landlords.
It has just been announced that the first phase of measures will be implemented as from 1 May 2026. This includes new periodic tenancies, the Section 21 no fault evictions ban and new possession grounds. It also includes a limit on advance rent payments, new rules on pets, a new procedure for rent increases, bans on rental bidding and on discrimination.
The second phase of measures, including the new PRS landlord database and ombudsman scheme, are forecast to follow in late 2026.
However the new law has brought in another, less well known but very significant change. That is the new investigatory powers that local authorities will have to investigate your business and enter your property to aid their enforcement work.
These particular powers can begin to be used from 27 December 2025 so we will look at what they involve here.
What are the new investigatory powers?
Local authorities have long had powers to enter your rental property and request information. These particularly apply to types of property that need a licence, such as HMOs, and for environmental health reasons. However Renter’s Reform has widened and reformed these powers to work with the new law.
Local authorities can investigate whether a private landlord or a letting agent has broken certain housing laws using three types of power:
* The power to ask people, businesses and organisations for information.
* The power to enter a business, and to request and take away documents.
* The power to enter a rental property.
Local authorities are also able to enter a property with or without a warrant obtained from a court. They can take legal action to obtain the information they want.
Some key principles behind the new powers
* These new powers can’t be used for enforcing any law. They are for use in enforcing specific housing and related laws.
This includes parts of the Renter’s Rights Act 2025 – especially the parts that relate to the PRS landlord database, which is yet to be set up. (See the FAQs for more details on what laws they may be used with.)
* These powers can be used from 27 December 2025. (However they cannot be used in relation to the Renters’ Rights Act and The Protection from Eviction Act 1977 until the implementation dates given earlier.)
* The powers may only be used by officers who are authorised by the relevant local housing authority. (This will normally be your local council’s housing enforcement department or similar.)
* Council officers must suspect that certain housing laws have been broken before they can use these powers.
* These powers may only be used to support an investigation they have begun. This might be (but not necessarily) because of a complaint.
Next we will look in a little more detail at the individual powers. (Note that this is a general explanation and not a legal guide or legal advice. Take expert advice if you need it.)
The power to ask for information
Local authorities have a power to ask for information relating to a rental business or property.
But – the new law makes a distinction between what it calls ‘any person’ and a ‘relevant person’.
This power defines a relevant person as anyone who, within the last 12 months, has acted as a landlord, agent, licensor or marketer in connection with a rented property. It includes anyone who has an estate or interest in the accommodation or who acts for them.
Any person could literally be any person – such as your tenant.
Local authorities must abide by specific rules when asking for information. They must have a reason.
Requests for information must be in writing. They must state what part of the Renters’ Rights Act it is required under.
They can give you a deadline for providing the information they want.
It may be an offence if you do not provide the information requested and legal action can be taken against you. (Although there are some defences, including one of reasonable excuse.)
The power to enter business premises
Local authority officers have a power to enter a rental sector business at any reasonable time. The new law defines exactly what a rental sector business is. This might be your own business premises, if you manage your rental properties from a business property, or those of a letting agency you use.
This power cannot be used to enter your home. (For example, if you run your letting business partly or wholly from home.)
If officers wish to enter without a warrant they must give you 24 hours written notice.
Local authorities can apply to a justice of the peace for a warrant to enter your property in certain cases. This can be done if you refuse them entry, no one is there to let them in, or if they feel giving you notice would defeat the purpose of the visit.
To obtain a warrant, local authorities have to have a reason, provide evidence and abide by certain conditions.
If a warrant is granted officers can enter business premises using reasonable force if necessary.
Once inside the premises officers can request and take away any documents that are relevant to their investigation and keep them for three months – or longer if they are needed for legal proceedings. They can make copies and take photographs.
They cannot ask to see documents which are legally confidential, such as communications between you and your lawyer.
You have a right to ask for access to these documents or have them returned, and can apply to a court to have them returned if this is not done.
If information is kept on electronic devices (eg. a computer etc.) officers can request access to these or access them themselves.
The power to enter your rental property
Local authority officers can use this power to enter a residential property at any reasonable time if they suspect it is being used for a residential tenancy, ie. it is being rented out.
If they wish to enter without a warrant they need to give the occupant, for example a tenant, 24 hours written notice. Your tenant can waive this notice period and so let them in immediately if they wish.
It is important to note that local authorities do not need to give you, the landlord, any notice. However, legally, they must notify you afterwards..
Local authorities can apply to a justice of the peace for a warrant to enter your property in certain cases. This can be done if entry is refused, no one is there to let them in, or if they feel giving you notice would defeat the purpose of the visit.
To obtain a warrant, local authorities have to have a reason, provide evidence and abide by certain conditions.
If a warrant is granted officers can enter a property using reasonable force if necessary.
Other powers
Local authorities are already able to use information from tenancy deposit schemes, Council Tax and Housing Benefits records to investigate a limited range of breaches of the law. The new powers allow them to use this information to enforce a wider range of housing laws including the Renters’ Rights Act itself.
Local authorities already oversee the Client Money Protection (or CMP) schemes which letting agents must be a member of by law. The new powers allow them to investigate whether an agent is a member of such a scheme
FAQs
Which laws can these powers be used with exactly?
The powers can be used with part (but not all) of: The Protection from Eviction Act 1977, sections 1 and 1A*. Housing Act 1988, chapter 1 of Part 1. Enterprise and Regulatory Reform Act 2013, section 83(1) or 84(1). Housing and Planning Act 2016, sections 21 to 23. Renters’ Rights Act 2025, chapter 3 of Part 1 and Part 2*. Housing Act 2004, parts 1 to 4 and 7.
* Not usable for these laws until the relevant implementation dates in 2026.
Can these powers be used for routine checks?
These new powers cannot be used to carry out a routine check or for a ‘fishing trip’. Officers must suspect you have broken a housing law or laws.
Will these powers be used extensively?
Past experience has shown that some local authorities are much more active in housing enforcement and others less so. So it seems likely these more active authorities will make more use of these new powers, while others will use them less often.
As now it’s likely that some local authorities will prefer to engage with landlords first rather than jump straight to formal investigatory powers.
It’s worth noting however that under the Renters’ Rights Act local authorities have a duty to act not just the power to. So authorities will have less discretion about what enforcement activity they undertake.
Can I be fined or given a penalty as a result of these powers?
Not directly as a result of these powers, as they are investigatory powers.
However there are penalties for not complying. The information obtained could also be used as evidence to issue a notice, impose a civil penalty or prosecute.
What should I do if a local authority asks for information, or to enter my property?
If, as a landlord, a local authority informs you that they are making use of these powers then they will probably be undertaking an investigation into your rental business or properties. It would be advisable to take expert professional advice immediately.
What about my tenants?
The best advice is probably to recommend that tenants check the identity of anyone who asks to enter their home very carefully. Recommend that they notify you or your letting agency immediately.
Summary
While the big changes the Renters’ Rights Act 2025 brings have hit the headlines, these new investigatory powers have to some extent slipped under the radar. However, they are extensive and potentially draconian and so landlords should take them very seriously.
As yet, however, we have little idea as to how they might be used and how they might work – or not work. It could take a year or two, or more, before that becomes clearer.
It could well be that good, compliant landlords with good quality properties rarely encounter these powers, if at all. Only time will tell on that score however
In the meantime landlords should be aware that these powers now exist, have a plan of action should they be faced with them, and take expert professional advice where they need it.
