The government has issued its first official guidance on the Renters’ Rights Act 2025, confirming how local authorities will use sweeping new investigatory powers against landlords and letting agents. The measures, which come into effect at the end of December, will allow councils to enter rented homes, seize documents, and request data if they suspect illegal activity.
Expanded investigatory powers for councils
According to the Department for Levelling Up, Housing and Communities (DLUHC), the new guidance enables council officers to access both rental properties and landlord or agent offices, sometimes without prior notice. Local authorities can now take photographs, interview occupants, and obtain information from “relevant persons” if there is reasonable suspicion of offences such as illegal evictions or unsafe housing conditions.
The rules also extend to cases involving landlords who continue letting properties after receiving a banning order and to tenants accused of making fraudulent housing benefit claims. Officials claim the measures are designed to “protect tenants and uphold housing standards,” but critics say the scale of the powers risks tipping the balance against compliant landlords.
Under the new framework, councils may conduct “routine inspections” with 24 hours’ notice — but they can also carry out unannounced ‘non-routine’ visits if giving notice would compromise an investigation. This includes situations where warning a landlord might allow evidence to be hidden or tampered with.
Conditions and safeguards on council inspections
While the powers are extensive, the government insists they are not without checks and balances. Before conducting surprise inspections, councils must secure authorisation from either a local deputy chief police officer or a justice of the peace. This is intended to prevent misuse and ensure proportionality in enforcement actions.
The Act also gives local authorities access to third-party data as part of investigations. They may request records from Client Money Protection or tenancy deposit schemes, and even examine council tax databases to verify property usage. For example, this could confirm whether a dwelling is genuinely occupied as residential housing or used for another purpose.
Some letting agents have privately raised concerns that these data-sharing powers could lead to overreach or inadvertent breaches of confidentiality. However, the DLUHC maintains that councils must comply with strict information-handling procedures under existing data protection law.
Landlord concerns over proportionality and privacy
For landlords, the latest guidance underscores the increasing regulatory pressure within the private rented sector. The new investigatory powers, while aimed at tackling rogue behaviour, could add administrative and reputational risk for compliant operators — especially where councils act pre-emptively based on tenant complaints.
A number of professional bodies, including the National Residential Landlords Association (NRLA), have warned that “blanket enforcement powers risk alienating responsible landlords.” They argue that limited council resources would be better spent on targeting persistent offenders rather than expanding surveillance on compliant investors.
The inclusion of discrimination checks — such as investigating landlords who decline tenants with children — is also expected to generate legal challenges over how “proof” is established and whether inspections may cross into subjective territory.
Editor’s view
The Renters’ Rights Act 2025 hands local councils an unprecedented level of access to landlords’ businesses and homes. While tackling criminal behaviour is in everyone’s interest, the real test will be how proportionately these powers are used in practice. For professional landlords who already comply with regulation, clarity and restraint from enforcement teams will be essential to maintain trust in the system.
Author: Editorial team — UK landlord & buy-to-let news, policy, and finance.
Published: 28 October 2025
Sources: Department for Levelling Up, Housing and Communities (DLUHC); UK Government – Investigatory powers guidance for Renters’ Rights Act 2025; NRLA.
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