Responding to a Council Powers of Entry Notice
Local authority housing officers have long held powers of entry to inspect and enforce standards in privately rented accommodation. The Renters' Rights Act 2025, which came fully into force on 1 May 2026, has substantially expanded these powers, amended some of the notice requirements, and created several new investigatory tools that supplement the existing framework. Our earlier article on Section 239 and Section 240 of the Housing Act 2004 sets out what these powers are and how they work. This piece looks at the practical side: what to do if you are a landlord, agent, or property owner on the receiving end of a Powers of Entry notice, what has changed under the Renters' Rights Act 2025, and how to protect your position throughout the inspection process.
Quick answer
If you receive a Section 239 Power of Entry notice, do not ignore it and do not obstruct the officer, but do not simply agree to everything either. Check that the notice is properly drafted, understand exactly what it authorises, and take advice quickly. The Council is required by law to have regard to the Regulators’ Code and its own published enforcement policy, and there is real scope to protect your position through cooperation, engagement, and where necessary, structured objection. Note that since 1 May 2026, the notice requirements under Section 239 have been amended for HMO and selective licensing properties, and a range of new investigatory powers now sit alongside the traditional Section 239 regime.
What a valid Section 239 notice should contain
Before considering how to respond, it helps to know what a proper Section 239 notice should include.
The legislation requires certain elements to make the notice valid, and reviewing these carefully is the first step in your response. A properly drafted notice will typically:
Identify the authorised officer or class of officers permitted to enter.
State the specific statutory purpose for which entry is being sought.
Confirm the address of the property and give a proposed date and time for the visit.
Give at least 24 hours' notice to both the owner and the occupier, subject to the exceptions discussed below.
Reference the underlying enforcement matter, such as an outstanding Improvement Notice or licensing compliance check.
Where any of these elements are missing or ambiguous, that is not automatically fatal to the notice, but it is a legitimate matter to raise. Ambiguity in the stated purpose, for instance, matters if the inspection later produces findings that arguably fell outside the scope of what was authorised.
How the Renters' Rights Act 2025 has changed the framework
The Renters' Rights Act 2025 substantially expanded the investigatory powers available to local housing authorities. Rather than replacing Sections 239 and 240 of the Housing Act 2004, the Act sits alongside them and adds several important new tools. It also directly amends Section 239 itself in ways that are particularly relevant to landlords of licensable properties.
Direct amendments to Section 239
Section 135 of the Renters' Rights Act 2025 makes two significant changes to Section 239 of the Housing Act 2004.
The first is a change to the notice requirements for what the Act calls "qualifying residential premises" (broadly, properties that fall within Part 7 of the Housing Act 2004, including HMOs subject to licensing and properties in selective licensing areas, as defined in section 2B of the Housing Act 2004). The requirement to give the owner 24 hours' prior notice of entry has been removed for these properties. Instead, the Council is required to notify the owner within a reasonable period after the entry has taken place.
The second is a new option for occupiers to waive the 24-hour notice requirement. Councils are required to ensure that the person giving the waiver understands their right to notice and the consequences of waiving it. Importantly, the Council cannot enter without notice unless every person with a right to notice (the occupier and any other person with an interest in the property who has provided an address for this purpose) has waived that right.
For landlords of HMOs and properties in selective licensing areas, this change is particularly significant. Under the old regime, an owner would receive advance notice and could attend the inspection or arrange for a professional representative to do so. Under the new regime, the owner may first learn of the inspection when the Council notifies them afterwards.
Practical point
For landlords of properties within HMO or selective licensing schemes, the removal of 24-hour prior notice to owners is a material change. Where the owner would previously have had the opportunity to attend or send a representative, they may now first learn of an inspection when notified after the event. This makes it more important than ever to ensure the property is in demonstrable compliance at all times, that tenants have your current contact details, and that you have a system for capturing and reviewing any correspondence or documentation left at the property.
New powers to require information
The Act also creates new powers for Councils to require information from a broader range of people.
Under section 114, a Council can require information from a "relevant person", someone who has, in the last twelve months, acted as a landlord, agent, licensor, or marketer in relation to the property, or had an interest in the property. Failure to provide the required information can amount to a criminal offence.
Under section 115, a Council can require information from any person where it reasonably suspects an offence under the rented accommodation legislation. This power extends well beyond the immediate parties to a tenancy. The information required cannot be used against the person who provided it in criminal proceedings but can inform civil enforcement.
These powers are exercised by written notice specifying the statutory basis and impose real obligations on those served. If you or your organisation receives a section 114 or section 115 notice, taking advice on the scope of the response is worthwhile.
Powers of entry to business premises
Under sections 118 to 125 of the Act, Councils have new powers to enter business premises (defined as premises used for a rental sector business) with or without a warrant, to require production of documents, and to seize evidence. These powers apply to letting agents, property managers, and other rental-sector businesses. They do not apply to premises wholly or mainly used as a home.
For routine entry without a warrant, 24 hours' written notice is required, though this can be waived by the occupier. For non-routine entry, notice is not required. The scope of documents that can be required or seized is broad, and while material subject to legal professional privilege is protected, most business records fall within the scope.
Entry to suspected residential tenancy premises
A separate new power under section 126 of the Act allows Councils to enter suspected residential tenancy premises without a warrant, currently exercisable to investigate offences under section 1 of the Protection from Eviction Act 1977 and (once in force) certain offences relating to the future PRS Database. The power requires 24 hours' notice to occupiers and others with an interest in the property, which can be waived.
This is a new residential entry power in its own right, distinct from Section 239, and operates for specific purposes rather than general housing enforcement.
What this means in practice
The overall effect of the Renters' Rights Act 2025 changes is a substantially broader and more responsive investigatory toolkit for enforcement teams. For anyone dealing with a Powers of Entry notice, the key practical points are:
Advance notice cannot be assumed for owners of licensable properties. Notification may follow the inspection rather than precede it.
Occupiers can waive their notice rights, and Councils are entitled to accept a waiver provided the occupier understands what they are giving up.
Councils have a wider range of information-gathering tools than before, and can require information from third parties including former agents and landlords.
Letting agents and property management businesses face a new business-premises inspection regime with its own procedural rules.
The traditional Section 239 and Section 240 framework remains in place for entries that do not involve qualifying residential premises, and continues to apply subject to the amendments described above.
The first 24 hours after receiving a notice
Where you do receive advance notice of an inspection, the period immediately after receipt is the most important for setting the tone of the engagement. Actions taken (or not taken) in the first day shape everything that follows.
Read the notice carefully
Read the whole notice, not just the date and time. Note the statutory basis (Section 239 of the Housing Act 2004, section 126 of the Renters' Rights Act 2025, or another provision), the authorising officer, the notice period, the stated purpose, and any references to the underlying enforcement matter. Save a clean copy and note the date and time of receipt, which may be relevant later.
Identify the underlying issue
The notice is usually part of a wider enforcement process. Understanding whether it relates to an existing improvement notice, a licensing matter, an alleged HHSRS hazard, a tenant complaint, or an alleged criminal offence helps you frame your response appropriately. If you have prior correspondence on the underlying matter, gather it together.
Consider whether professional advice is appropriate
For straightforward compliance visits where you know the property is in satisfactory order, you may be comfortable managing the process yourself. Where the notice relates to alleged Category 1 hazards, unlicensed operation, or where Works in Default or civil penalty action is contemplated, taking professional advice at this early stage is often the difference between a well-managed process and a costly one.
Do you have the right to be present?
This is one of the most common questions and one where the position has become more nuanced under the Renters' Rights Act 2025. For entries to qualifying residential premises under the amended Section 239, the owner may not have advance notice at all. For other entries, the Section 239 notice does not give the owner a right of entry to the property in the sense of authorising you to attend against the occupier's wishes. Your right to attend the property depends on your tenancy or ownership arrangements, not on the Council's power of entry.
However, the ability to be present, or to be professionally represented, at an inspection which may lead to further enforcement action is a legitimate matter of procedural fairness. Where advance notice is given and a notice invites the owner or their representative to attend, and the owner seeks a reasonable accommodation of dates to enable that, a Council refusing to adjust its diary can find itself out of step with its own enforcement policy.
In practice, well-managed inspections benefit from the presence of the property owner or their representative. It gives the Council a knowledgeable contact person, provides an independent witness of what is inspected, and allows contextual information to be shared during the visit rather than reconstructed afterwards. Councils who accommodate reasonable requests for representation tend to have fewer disputes about their findings later.
What to provide, what you don't have to
Councils often request information in advance of a visit, including inspection reports, safety certificates, or documentation relating to the underlying enforcement matter. These requests should be responded to constructively, but a distinction is worth drawing between what you are legally required to provide and what you are being asked to volunteer.
Where the Council has issued a formal information notice under a specific statutory provision (for example, section 114 or section 115 of the Renters' Rights Act 2025, or section 235 of the Housing Act 2004), the position is straightforward: you must provide what is required, subject to the specific limits set out in the legislation. Where the Council is simply asking for information as part of the general engagement, you have more discretion. Sharing relevant information in good faith usually helps the process. Sharing information that goes beyond what is reasonably needed, or that could be used out of context, is worth thinking through carefully.
If reports or documents contain sensitive personal information about tenants or third parties, redaction may be appropriate before sharing. If you are unsure, take advice.
Practical point
Councils sometimes cite data protection considerations as a reason to withhold information from the property owner after an inspection. In principle, some material may genuinely be restricted (for example, tenant witness statements). But findings, HHSRS scores, photographs of the property, and the officers’ reasoning are not personal data and should ordinarily be provided as of course. If a Council refuses to share information on general data protection grounds, it is fair to ask them to identify the specific exemption relied upon and the specific harm from disclosure. A blanket data protection deflection is not a valid response.
The Council's own enforcement policy
Most local authorities publish a Private Sector Housing Enforcement Policy setting out how they approach the exercise of their enforcement functions. These policies typically commit the Council to a proportionate, transparent, and consistent approach and to working with landlords to secure compliance. Reading your local Council's enforcement policy is time well spent. It sets out how the Council itself says it should behave and provides a useful benchmark against which its conduct in a specific matter can be assessed. Where a Council's approach to a specific inspection appears to depart from its published policy, that is a legitimate point to raise, either directly with the officer concerned or through the Council's complaints process if necessary.
During the inspection
If you or your representative is present at the inspection, the aim is to be constructive and informative rather than combative. Answer questions honestly, share relevant contextual information, and note what is being inspected and any observations the officers make. Contemporaneous notes taken during the inspection are more reliable than later reconstruction.
Where the officers are relying on their power of entry to look at areas or matters that go beyond what the notice authorised, that is worth raising at the time. Similarly, if their attention appears to be turning to matters that fall outside the scope of the underlying enforcement matter, it is fair to seek clarification of the basis on which they are doing so.
Photographs, measurements, and samples that officers take during the visit form part of the evidential record. You are entitled to know what has been recorded and to request copies afterwards.
After the inspection
The Council's findings should be provided to you in writing. What you can reasonably expect includes:
A detailed written record of the officers' findings, including any hazards identified and their assessed severity.
An explanation of how each finding relates to the specific enforcement matter that prompted the inspection.
Clear identification of any findings that fall outside the scope of the original notice or enforcement matter.
Copies of any photographs, notes, measurements, or other contemporaneous records taken during the visit, subject to appropriate redaction of any tenant-identifying material.
Confirmation of the intended next steps and a reasonable opportunity to respond in writing before any further enforcement action is taken.
If the findings identify matters that were within the scope of the original notice, and the Council is considering further action, the response you make at this stage matters. Detailed, well-evidenced representations can lead to no further action or to significantly less intrusive action than would otherwise have been taken.
If the findings identify new matters that fall outside the scope of the original notice, the Council will normally need a fresh procedural basis to act on those matters. That may involve a new Section 239 notice or an entirely different enforcement route. Where a Council seeks to rely on out-of-scope findings to take action without a proper procedural basis, that is a legitimate ground for objection and, if necessary, appeal.
Common mistakes we see
A number of avoidable mistakes crop up regularly when landlords, and sometimes their agents, respond to Powers of Entry notices:
Ignoring the notice entirely, hoping the matter goes away. Obstruction is a criminal offence that can lead to a warrant being obtained under Section 240.
Agreeing to everything the Council asks without checking whether the request is reasonable or falls within the notice. Cooperation is important, but it does not require you to volunteer information or agree to inspection scopes that go beyond what has been properly authorised.
Being combative or confrontational with officers on the day. Officers exercising statutory powers are entitled to do their job. Disagreement about scope or process is a matter to raise professionally, in writing, not through argument during the visit.
Failing to record what happened during the inspection. Contemporaneous notes, photographs, and a written record of what was said and shown are invaluable if the Council's findings are later contested.
Waiting to take advice until enforcement action is imminent. The earlier professional support is engaged, the more options are typically available. Waiting until a Notice of Intent for a civil penalty has been served narrows the room for manoeuvre significantly.
Assuming the pre-Renters' Rights Act rules still apply. Owners of HMOs and selective licensing properties in particular need to understand that they may not receive advance notice under the amended Section 239 and to plan accordingly.
How Surrey Property Licensing can help
At Surrey Property Licensing we provide independent professional support to landlords, agents, solicitors, and enforcement teams on the practical aspects of council enforcement. Our work in this area includes:
Reviewing Section 239, Section 240, and Renters' Rights Act 2025 investigatory notices and advising on the response.
Attending inspections as the property owner's professional representative.
Advising on the framework of engagement, including Regulators' Code and Council policy points.
Reviewing Council findings after inspection and preparing structured written representations.
HHSRS assessments and independent scoring reviews where the Council's assessment is contested.
Support with Notice of Intent representations, Improvement Notice appeals, and other enforcement responses.
Expert witness services for First-tier Tribunal and civil proceedings.
If you have received a Powers of Entry notice, or are otherwise dealing with a council enforcement matter, please contact usas early as possible in the process.
