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In this guidance, we explain the new investigatory powers available to local housing authorities under Part 4 of the Renters’ Rights Act 2025 (“RRA 2025”).
Unlike the main tenancy reforms (due to start 1 May 2026), these investigatory powers commenced on 27 December 2025 — meaning councils can use them from that date.
These powers are primarily intended to help councils investigate suspected breaches of a range of housing-related legislation (for example, illegal eviction, poor housing conditions, and specific regulatory requirements). For most “good” landlords and agents, the practical point is: know what councils can ask for, when they can enter premises, and what your rights/obligations are if you receive a notice.
Where a council officer is authorised in writing by the local housing authority, and suspects certain laws have been broken, they may be able to use powers that (depending on the route used) include:
A note on scope: some of the legislative provisions listed alongside these powers are not in force at the time of writing (for example, Protection from Eviction Act 1977 section 1A and parts of the RRA 2025 referred to as “chapter 3 of Part 1 and Part 2”). Care is therefore needed when identifying exactly which underlying duties/offences can be investigated at any given time.
For this purpose, a council can require information from anyone who, in the past 12 months, has (in connection with the relevant accommodation):
Asking a relevant person for information can be used to support enforcement of certain listed legislation (including Protection from Eviction Act 1977 sections 1 and 1A; Housing Act 1988 Chapter 1 of Part 1; certain redress scheme provisions; banning order related provisions; and certain RRA provisions not yet in force at the time of writing).
If the council wants to use this power, it must give a notice to the person/organisation. The notice must:
The council can also specify things like: a deadline, a particular format (original/digital), requiring a new document compiling specific information, and to whom/which authority it should be provided.
Where the request would involve “communications data”, compliance is required with the Investigatory Powers Act 2016 (as amended) and the Communications Data Code of Practice.
This is a wider power. Where the council reasonably suspects someone has broken certain laws, it can require any person or organisation to provide information in order to investigate whether those laws have been broken.
This power can also be used after an investigation has ended to help set the level of any civil penalty.
The council must give a written notice which:
It can also specify deadlines, formats, compilation into a new document, and who it must be provided to.
If the person/organisation does not provide what is required, the council can apply for a court order to enforce the notice under section 116.
The court may make an order if it is satisfied that the request has not been complied with. The order could compel the person to provide the requested information. The court could also require that person to pay the costs of applying for the order.
Where the request was to a company, partnership or unincorporated association, the court may require an officer responsible for the failure to comply to meet the costs of the application.
Where someone provides information under the “any person” power, that information may not be used against the person who provided it in criminal proceedings, and the prosecution cannot ask questions about it in criminal proceedings. However, the person whose information might incriminate may use it (or ask questions about it) during criminal proceedings.
These limitations are set out in section 117 of the RRA 2025.
Separately, if someone knowingly and wilfully makes false statements or provides certain types of false information (even if not under oath), it may be possible to prosecute under section 5 of the Perjury Act 1911.
As above, where the request involves communications data, compliance with the Investigatory Powers Act / Code of Practice is required.
The RRA 2025 includes powers to enter a rental sector business premises (without a warrant under section 118, and with a warrant under section 121).
A council officer may enter at a reasonable time to request documents and/or to seize evidence if they reasonably believe a relevant person is running a rental sector business there (the definition of “relevant person” includes, over the past 12 months in relation to relevant accommodation, having an estate/interest, being a licensor, marketing, or acting (or purporting to act) for such persons).
Relevant accommodation means residential accommodation in England connected with the function for which the investigatory power is being used.
A rental sector business means a business connected with:
These business entry powers may NOT be used for premises that are wholly or mainly used as a home.
This is particularly relevant for:
Practical takeaway: if an enforcement officer suggests they can use the business premises entry power to enter premises that are wholly or mainly your home, that power is not available on those facts. (That does not mean there are no other powers in the wider housing enforcement toolkit; it means this entry route is restricted.)
Entry must be for investigating suspected breaches/offences under the “rented accommodation legislation”, and the officer must consider entry necessary to require production of documents or to seize documents on the premises that could help the investigation.
For routine inspections, the occupier must receive at least 24 hours’ written notice, unless the occupier waives the full 24 hours and allows earlier entry. Where there is a waiver, it is important that the occupier understands their rights and the consequences of waiving.
If notice is not waived, the notice must:
They do not need to give 24 hours’ notice for a non-routine inspection where:
On entry without a warrant, the officer must give evidence of identity and authority to at least one person on the premises (if any).
Where entry occurs without giving notice (a non-routine inspection), the officer must give to at least one person on the premises (if there are any):
If it is not reasonably practical to provide the above (for example, due to safety concerns or if people fled before the information could be provided), information already collected can still be used as evidence.
If a routine inspection with at least 24 hours’ notice cannot be carried out, the council may apply to a justice of the peace for a warrant to enter specified premises under section 120.
To apply, the officer must provide written evidence under oath that one of the following applies:
The application must also show that the officer is acting officially, there are reasonable grounds to suspect a relevant person uses the premises for rental sector business and is not wholly/mainly residential, and that documents are expected to be on the premises.
Once granted, the warrant is valid for one month starting on the day it is issued.
When entering under a warrant, reasonable force may be used if necessary. The warrant must be shown to at least one occupier if anyone is present. If no one is present, the officer must:
Once inside business premises (with or without a warrant), an officer can require documents from a relevant person occupying the premises or someone acting on their behalf, at any reasonable time, to determine whether there has been compliance with the rented accommodation legislation where non-compliance is reasonably suspected.
Limits include:
Documents can be requested even if the need relates to someone other than the relevant person who is required to provide them.
After entering the business premises, an officer can seize and detain documents where there is reasonable suspicion that they may be required as evidence in proceedings for a breach or offence under the rented accommodation legislation.
Before seizing, the officer must show proof of identity and authority to at least one person on the premises (if there are people present), unless it is not reasonably practicable.
When seizing documents, reasonable steps must be taken to inform the person that the documents have been seized and to provide a written record of what is being taken, having regard to the relevant seizure rules in codes of practice made under section 66 of the Police and Criminal Evidence Act 1984.
Documents that are legally confidential (such as lawyer–client communications) cannot be seized.
Documents can usually be kept for 3 months from the day they were seized. If needed for legal proceedings related to why they were seized, they can be kept longer — but only as long as necessary for those proceedings.
If electronic devices are present and are reasonably suspected of containing information that may be seized, the officer can require someone with approved access to access them where reasonably necessary. If that person does not access the device after being required to do so, the officer may access the device themselves.
Where documents are copied or seized under the RRA 2025 powers following entry into business premises, additional powers of seizure under section 50 of the Criminal Justice and Police Act 2001 may apply.
In summary:
If documents are taken under these additional powers, notice requirements under section 52 of that Act apply.
A person who had possession or control of a document immediately before seizure (or their representative) can request:
On receipt of a request, the officer must:
A request can be refused where there is good reason to think allowing access or providing copies/photographs would undermine or be detrimental to the reason for seizure.
Reasonable costs of meeting the request (e.g. photocopying) can be charged.
A person with an interest in the documents can apply to the magistrates’ court for the release of documents detained under the Part 4 investigatory powers.
The route depends on whether proceedings have started (an application for a hearing) or not (a complaint to the magistrates’ court). The court may only order release if certain conditions are met, including:
A person or officer disagreeing with a magistrates’ court decision can appeal to the Crown Court.
Separate from business premises powers, there is a power to enter a residential property at a reasonable time where the officer is specially authorised and reasonably suspects the property is being privately rented out as a home (a “residential tenancy”), and entry is needed to investigate:
Entry without a warrant can only be used if:
The officer may take others, use equipment, and take photographs/recordings.
Before entry, at least 24 hours’ notice must be given to the people living there and to anyone else with an interest in the property who has a right to notice (subject to the rules on who must be notified and when). Prior notice is not required to a residential landlord for these purposes, but the residential landlord must be notified within a reasonable period after entry.
A person can waive the need for the full 24 hours’ notice — but the property cannot be entered without giving the required notice unless all people living there, and everyone with an interest who has a right to notice, have waived it.
On entry without a warrant, if occupiers are found, the officer must show:
unless it is not reasonably practicable (for example, due to aggressive behaviour or because occupiers fled).
A warrant may be sought where entry without a warrant has been refused, where no one is present, and waiting may defeat the purpose, or where giving notice may defeat the purpose.
The application is made in writing, under oath, to a justice of the peace and must confirm that the officer is acting in the course of employment/instruction and reasonably suspects that the property is privately rented as a home.
If granted, the warrant specifies the authorised officer and the premises. Once the inspection is completed, the warrant expires.
When entering with a warrant, the officer may enter at any reasonable time, use reasonable force if necessary, take others under supervision, and use equipment/photographs/recordings.
The warrant must be shown to at least one occupier if anyone is present. If no one is present, the officer must:
Existing powers allow councils to use:
to investigate whether certain laws have been broken.
Practical examples include checking whether:
The RRA 2025 makes provision so this information can support enforcement of specified legislation (including Protection from Eviction Act 1977 sections 1 and 1A; Housing Act 1988 Chapter 1 Part 1; specified parts of the Housing Act 2004; certain redress/banning order/CMP-related provisions; and specified RRA provisions not yet in force at the time of writing).
The RRA 2025 amends the Housing Act 2004 power to require documents to be produced so that it also covers Part 7 in relation to qualifying residential premises.
It also amends the Housing Act 2004 entry provisions by removing the requirement to give 24 hours’ prior notice to the owner of qualifying residential premises (replacing it with a duty to notify the owner within a reasonable period after entry takes place), and inserting an option for an occupier to waive the right to 24 hours’ notice — but not unless all people living there and everyone with an interest who has a right to notice agrees that notice is not needed.
Local authorities enforce client money protection scheme regulations. Agents must be registered with a CMP scheme under the Housing and Planning Act 2016 and the Client Money Protection Schemes for Property Agents Regulations 2019.
The RRA 2025 enables an investigation into whether an agent is a member of a CMP scheme under regulation 3 of the 2019 Regulations.
Most subscribers will never encounter these powers in practice, but if you do:
You can read the government’s full guidance (including detailed statutory references and examples) here: https://www.gov.uk/government/publications/investigatory-powers-guidance-for-renters-rights-act-2025.