Mark Walsh Estates 

A guide on tenant and local authority powers

​

The Renters’ Rights Act (RRA) makes a number of significant changes to the laws that landlords must follow when renting. These include banning section 21 notices, introducing new rights to request pets, abolishing assured shorthold tenancies and replacing them with assured periodic tenancies.

To ensure these new rules are enforced, the Government has created new offences related to renting. Local authorities will have significantly enhanced powers to investigate and enforce against landlords or agents who commit these offences.

Tenants will also have more powers to enforce their rights by expanding the number of things they can reclaim rent for (rent repayment orders) and extending the duration they can reclaim rent for.

These changes can seem intimidating, and the potential financial penalties for getting things wrong can be high. But most landlords already provide a good service and will be able to adapt to the new rules with a few changes to their practices and documents.

This guide is intended to help identify what changes you might need to make to protect yourself after the Act starts to come into force on 1 May 2026. It goes through the new offences, as well as the new powers available to local authorities. It also lists out who is responsible for enforcing a particular offence.

New enforcement duty for local authorities

Under the RRA, every local housing authority will have a number of new duties placed upon them. One of these duties is a new statutory duty to "enforce the landlord legislation in its area.

What is the 'landlord legislation'?

Despite the name, 'landlord legislation' doesn't actually mean all of the legislation that affects landlords.

For example , the new Decent Homes Standard and the Housing Health and Safety Rating System are not included in this duty.

Instead, the statutory duty to enforce the legislation is limited to offences related to:

• Harassment and illegal eviction

• Accepting or encouraging rental bidding above the listed price

• Discrimination against tenants with children or in receipt of benefits

• The landlord redress scheme

• The landlord database

• It also covers enforcing the assured tenancy legislation set out in Chapter 1, Part 1 of the Housing Act 1988. This would include ensuring that assured tenancies are not ended without a court order, the new rules around rent increases for assured tenancies, and the new offences inserted by the Renters Rights Act covering:

  • Not providing a written statement of the assured tenancy agreement

  • Reletting a property within the ‘restricted period’ (the 12 months after a notice using Ground 1 or Ground 1a expired)

  • Not ending a tenancy in the correct way

  • Offering a fixed term assured tenancy

As this is a statutory duty, local authorities who don’t enforce this legislation will be in breach of the law. As a result, it’s highly likely that ‘landlord legislation’ offences will be a high priority for enforcement teams in the future.

Investigatory powers (s.113 and s.114 notices)

Alongside the duty to enforce, local authorities are granted enhanced powers to investigate and compel people to provide information in relation to the ‘rented accommodation legislation’.

This power allows local authorities to require specific information by serving a Section 113 on a ‘relevant person’ or a Section 114 notice on any person who they require information from.

When will these powers be available?

These powers are set to come in on 27th December 2025.

What should be included in the notice?

The notice may specify –

• What information is required. 

• When it needs to be provided by

• The format the information should come in

• Documents that must be created and who they should be provided to.

It must also set out whether it is served under Section 113 or Section 114 and the potential consequences for non-compliance. 

The response must be in a legible format and be truthful and accurate.

Exactly what information can be required will depend on whether the notice is served on a ‘relevant person’ or not. 

Contents of a notice served on a relevant person

A relevant person is someone who in the last 12 months -

• Has had an interest or estate in the property. This would include superior landlords such as freeholders as well as the immediate landlord.

• Provided a licence to occupy a premises

• Has marketed the property for rent

• Has acted as a letting or managing agent or property manager

• Has acted as a contractor for a landlord (for example a gas engineer)

The notice may require information related to -

• Breaching a banning order

• Harassment or illegal eviction

• Letting agent redress scheme membership and the publication of fees

• Landlord redress scheme or database membership

• Discrimination against tenants with children or in receipt of benefits

• Assured tenancies (including whether a periodic assured tenancy is in place, a written tenancy agreement has been provided, what possession notice was served, how the landlord increased the rent)

Failure to comply with the requirements of this notice can lead to a fine of up to £1000.

Contents of a notice served of any person (s.114)

Where the local authority reasonably believes an offence has occurred or they are trying to decide on the size of the penalty for a breach, then they may serve a similar notice requiring information from any person. 

This notice may require information related to -

• Breaching a banning order

• Harassment or illegal eviction

• Letting agent redress scheme membership and the publication of fees

• Landlord redress scheme or database membership

• Discrimation against tenants with children or in receipt of benefits

• Assured tenancies (including whether a periodic assured tenancy is in place, a written tenancy agreement has been provided, what possession notice was served, how the landlord increased the rent).

• Selective, additional, or mandatory licensing

• The Housing Health and Safety Rating System

If the recipient does not comply with the notice then the local authority may apply to court to compel them to do so. The costs of this action can then be passed on.

Powers to enter premises without a warrant

Local authorities are also given powers to allow them to enter into different types of premises without a warrant.

When will these powers be available?

The investigatory powers are set to come in on 27th December 2025, though some of the offences they can be used for will not exist until later on. 

Entering business premises

Local authorities may enter a business premises without a warrant provided they reasonably believe:

• The premises are occupied by a relevant person for the purposes of a rental sector business; and

• They consider it necessary to enter the premises to require or seize documents related to the ‘rented accommodation legislation’ 

This power does not extend to entering a property that is used wholly or mainly as living accommodation, meaning that it can't be used to enter a landlords home.

What does rented accommodation legislation mean?

It is the same list of legislation that would allow local authorities to send a Section 113 notice. This covers –

• Breaching a banning order 

• Harassment or illegal eviction

• Letting agent redress scheme membership and the publication of fees

• Landlord ombudsman or PRS database membership once you have to register for these 

• Discrimination against tenants with children or in receipt of benefits from May 1st 2026

• Assured tenancies (From May 1st 2026 this includes the new rules introduced by the Renters' Rights Act such as whether a periodic assured tenancy is in place, a written tenancy agreement has been provided, what possession notice was served, how the landlord increased the rent, whether the landlord is trying to relet the property during a restricted period)

When is notice required?

Where the local authority officer is performing a routine inspection they will normally be required to give at least 24 hours notice setting out the reasons why they need entry.

However, this can be waived where the local authority believes that notice would defeat the purpose of entering the property. For example, if they believe that notifying the letting agent would allow them to dispose of evidence of an offence. 

Powers and duties whilst in the property

Once on the business premises, local authorities may require and seize documents related to their investigation. They may also take photoghraphs and recordings while on the premises. 

The local authority officer must also provide ID. They must also give a notice setting out why they are entering if they have not already provided it in advance. 

Access to seized documents

If documents have been seized then the landlord or agent may request to access them but this will be done under the supervision of a local authority officer. 

Entry with a warrant

Local authorities may also apply for a warrant to access the premises using reasonable force where one of the following conditions are met:

• The local authority has provided notice that they intend to apply for a warrant and either permission to access has been refused, or they suspect it is likely to be refused

• the property is empty and the matter cannot wait for the occupants return 

• prior notice would lead to the concealment or tampered with.

Entering a residential premises

The local authority may enter some residential premises without a warrant but they may only do so where they believe that:

• The property is subject to a residential tenancy; and

• The property is not registered on the landlord database (and needs to be); and/or

• False information about the property has been provided to the database; and/or

• Unlawful eviction or harassment of the occupier is taking place.

In practice this means that these powers will rarely be used where the landlord has signed up to the database, provides accurate information and is follows the correct process when they need to evict a tenant. 

Powers after entry

As with business premises, local authorities may require and seize documents related to their investigation. They may also take photographs and recordings while on the premises.

The local authority officer must also provide ID. They must also give a notice setting out why they are entering if they have not already provided it in advance.

Requirements for notice

Occupants should normally receive 24 hours notice but can waive this requirement to allow for immediate entry.

Landlords will typically not receive notice before the local authority enters but will receive notice of the visit afterwards.

Entry with a warrant

As with business premises, local authorities may apply for a warrant if there is a risk that access will be refused.

Updated Civil Penalty Offences

Civil penalties are an option available to local authorities to enforce legislation and are often used in place of a full prosecution. They are essentially fines and can range from a few hundred pounds up to a maximum for some offences of £40,000.

What are the 'starting points' in the table below?

The Government has produced guidance for local authorities that sets out the typical amount that a landlord can be fined for under most of the new civil penalties - these are the 'starting points' for each civil penalty.

Depending on the facts of the case, local authorities can increase or decrease the civil penalty amount from these 'starting points' but we expect most civil penalties will be close to these amounts in future.

Some offences that you can already receive a civil penalty for include:

OffenceExampleMaximum Penalty Starting Point

Failure to comply with an improvement noticeBeing given an improvement notice by the local authority and not performing the works £30,000

HMO licensing related offencesNot having a licence when you should, or not following its conditions £30,000 not licensing

Selective licensing related offencesNot having a licence when you should, or not following its conditions £30,000 not licensing

Failure to comply with HMO management regulationsNot following the HMO management regulations which place obligations on those in control of a HMO £30,000 Varies from £3000 to £20,000 dependent on breach

Contravening an overcrowding noticeBeing notified that your property is overcrowded, but not addressing it £30,000 Breach of a banning orderBeing subject to a banning order and still renting out property£35,000£35,000

Renting to someone who doesn’t have right to rentNot performing or disregarding right to rent checks and letting to someone who doesn’t have right to rent £30,000 

​
 

New civil penalty offences post-RRA

The Renters' Rights Act will introduce a number of new offences that a civil penalty may also be given for. The below tables set out the new offences by the topic that they relate to

Database and Redress Related Offences

OffenceExampleMaximum PenaltyStarting Point

Providing false information to the database operator, recklessly or knowinglyDeliberately or accidentally giving incorrect landlord contact details to the database operator£7000 single breach
£40,000 continuing offence after 28 days, or repeating the offence within 5 years.
 

Not being part of the landlord redress scheme when required toA residential landlord who lets out a property is not a part of the redress scheme£7000 single breach
£40,000 continuing offence after 28 days, or repeating the offence within 5 years.
 

Advertising, marketing or letting a dwelling without an active database entry for the dwelling and for the landlordWithout setting yourself and your property up correctly on the database, finding a tenant to let your property out to£7000 single breach
£40,000 continuing offence after 28 days, or repeating the offence within 5 years.

​

Not keeping database entry accurate and up to dateLandlords must make sure their database entries contain accurate and up to date information. If not, they could be liable for a penalty£7000 single breach
£40,000 continuing offence after 28 days, or repeating the offence within 5 years.
 

Not providing unique identifier in advertisementEvery landlord will have a unique identifier from their database entry. This must go in any advertisement, or you can be liable for a penalty£7000 single breach
£40,000 continuing offence after 28 days, or repeating the offence within 5 years.

Marketing offences

OffenceExampleMaximum PenaltyStarting Point

Breach of anti-discrimination provisionsDiscriminating against families or those in receipt of benefits in advertising and letting to prospective tenants£7000 per breach. You can be given an additional £7000 penalty for continuing the breach, or breaching again within 5 years£6000

Advertising or offering a proposed tenancy without a specific proposed rent which is stated on any advert or offerYou must provide a specific amount of rent payable on any advert or offer made to a tenant, or you commit an offence£7000 per breach. You can be given an additional £7000 penalty for continuing the breach, or breaching again within 5 years£3000

Invite or encouraging offers to pay an amount of rent in excess of the proposed rent, or accepting an offer that is in excess of that rentYou should not encourage bids over the stated rent or accept an amount higher than it, or you commit an offence£7000 per breach. You can be given an additional £7000 penalty for continuing the breach, or breaching again within 5 years£4000

 

Tenancy Offences

Offence Example Maximum Penalty Starting Point

Trying to let the property on a fixed termAs fixed terms cannot be agreed anymore for an assured tenancy, trying to use one is an offence £7000 single breach £40,000 continuing offence after 28 days, or repeating the offence within 5 years

£4000Failure to give written statement of terms under section 16D of the Housing Act 1988Not providing a written contract to your tenant.

£7000 single breach £40,000 continuing offence after 28 days, or repeating the offence within 5 years

£4000Failure to give an existing tenant information about changes made by the RRA under paragraph 7(2) of Schedule 6 to the act.Existing tenants will need to be given an information leaflet that we are still awaiting the government to release. Not providing this leaflet is an offence. You will have one month to do this. £7000 single breach £40,000 continuing offence after 28 days, or repeating the offence within 5 years

£4000Trying to end the tenancy with a notice to quitYou must serve a notice seeking possession (section 8 notice) rather than a notice to quit. £7000 single breach £40,000 continuing offence after 28 days, or repeating the offence within 5 years £6000 Trying to end the tenancy orallyYou must serve a notice seeking possession (section 8 notice) rather than trying to simply speak to the tenant

£7000 single breach £40,000 continuing offence after 28 days, or repeating the offence within 5 years

£6000Trying to use a purported notice of possessionUsing a document which looks similar to section 8 but isn’t actually the correct document from the gov.uk site £7000 single breach £40,000 continuing offence after 28 days, or repeating the offence within 5 years £6000 Rely on a possession ground where you do not reasonably believe you will succeed, and the tenant leaves within 4 months as a result of thisAttempting to use a ground you expect you cannot actually use or don’t have evidence for in order to try and make the tenant leave, and as a result they do. £7000 single breach £40,000 continuing offence after 28 days, or repeating the offence within 5 years £6000 Failing to provide a tenant with prior notice for a ground that requires it in order to be usedSome grounds, for instance ground 1 and 1A, or ground 4A for students, require that the tenant is given notice before/as part of the tenancy agreement to let them know this ground may be used in future. Not providing this is an offence. £7000 single breach £40,000 continuing offence after 28 days, or repeating the offence within 5 years

​

Reletting the property within 1 year after relying on ground 1 or 1AThese grounds have a protective element that the property cannot be re-let within 12 months. Trying to do so is an offence.Summary conviction leading to a fine £40,000 as an alternative to criminal conviction-

Unlawful eviction and harassment offences Evicting the tenant without following the correct legal process, or pressuring them to leave without doing so.£40,000

When will these civil penalty offences be introduced?

The tenancy and marketing offences are expected to be introduced on 1 May 2026. Offences related to the database, ombudsman and property standards are expected to apply later on.

Updated Rent Repayment Order Offences

Rent Repayment Orders

RROs are an existing enforcement power that has been available to local authorities and to tenants for a while.

Tenants can apply directly to the tribunal to try and compel the landlord to repay a given amount of rent up to a maximum amount.

​

Renters Rights Act changes

As part of the rental reforms, the maximum amount claimable will increase from one to two years. As will the time available to make a claim.

The Act also expands the number of offences that a tenant may seek a rent repayment order for.

Existing Rent Repayment Order Offences

OffenceExample

Violence for securing entryUsing physical force against the tenant to enter the property

Unlawful eviction or harassment of tenantsEvicting the tenant or pressuring them to leave without following the correct legal process

Failure to comply with improvement noticeReceiving an improvement notice and not completing the required works

Failure to comply with prohibition orders, etc.Receiving a prohibition order or similar notices and not following the instructions

Control or management of unlicensed HMOOperating a HMO without a licence where one is required

Control or management of unlicensed propertyOperating a property without a licence where one is required

Breach of banning order since 6 April 2018Being subject to a banning order but continuing to let property

New rent repayment order offences created by the RRA

OffenceWhen is this available

Knowingly or recklessly misusing a possession ground resulting in the tenant moving out within 4 months.The landlord includes a possession ground without a reasonable belief it would result in possession, and as a result the tenant leaves within four months of service.

Breach of restriction on letting or marketing a dwelling houseAttempting to relet or reletting in the 12 months after a Section 8 notice using Ground 1 or 1A asked for possession. 

Continuing to commit a breach after receiving a financial penaltyRent repayment orders may be sought for the period starting 28 days after the initial civil penalty while the offence is continuing

Continuing breach of the new landlord redress scheme rules, after receiving a financial penaltyRent repayment orders may be sought for the period starting 28 days after the initial civil penalty while the offence is continuing

Providing incorrect information to the new PRS database operatorDeliberately or accidentally giving incorrect landlord contact details to the database operator

Continuing breach of the certain tenancy reform requirementsRent repayment orders may be sought for the period starting 28 days after the initial civil penalty while the landlord is not registered on the database. 

 

Who can be liable for a rent repayment order?

The Act also clarifies who can be liable for a rent repayment order, widening the scope of who can be liable to pay a rent repayment order.

Previous case law (Rakusen v Jepsen) had determined that only the immediate landlord could be liable to repay rent. Meaning that superior landlords, particularly those in rent-to-rent arrangements, could not be held liable.

The govenrment is changing this, and once the RRA becomes law the superior landlord can also be held liable for rent repayment orders, whether or not they ever received any rent directly. 

Additionally, directors of a company can be liable for a rent repayment order, so that a company cannot be used as a vehicle to commit offences and then be liquidated to escape liability.

​

​​​​​​​   Jemma Jones

   Jemma@walshestates.co.uk