The main provisions of the Renters’ Rights Act 2025 are almost upon us. They come into force on 1 May 2026 and are the biggest changes to housing law in decades.
Enforcement by local housing authorities is central to the new statutory scheme and will be one of the most significant developments over coming years.
See Michael Reason's article about the general statutory scheme: The Renters’ Rights Act 2025: what do you need to know? and Jonathan Pennington Legh's article on the timing of the act's provisions taking effect: The Renters’ Rights Act – when does it all start?
The essential message for enforcement purposes is that if a Renters’ Rights Act provision is capable of being breached, there will be a provision allowing for enforcement by local housing authorities.
Duty on local housing authorities
This will no longer be a matter of choice for local housing authorities. Section 107(1) of the act provides for a 'duty' on every local housing authority to enforce housing legislation in its area. This covers:
- the new provisions of the Housing Act 1988 (more security of tenure for tenants, fewer rent increases),
- the new provisions in Part 1 of the Renters’ Rights Act (anti-discrimination, banning rent bidding), and
- parts of the Protection from Eviction Act 1977.
To monitor the effectiveness of this duty on local housing authorities, they have to report to the Secretary of State on the exercise of these functions (s.110 Renters’ Rights Act).
Enforcement by whom against whom?
The Renters’ Rights Act recognises that rogue landlords do not respect the territorial divisions of local housing authorities. Thus local housing authorities are expressly permitted to take enforcement action for breaches outside their area.
Indeed, County Councils are permitted to take enforcement action even though they are not local housing authorities primarily responsible for housing in their area. This will be a new area for County Councils in particular to consider.
Sensibly, there is also provision for:
- ensuring local housing authorities notify each other of enforcement action, and
- allowing for the appointment of combined authorities or the Greater London Authority as a 'lead' enforcement authority.
Broadly, the Renters’ Rights Act makes clear that enforcement of housing legislation (and later, housing standards) within the private rented sector is a crucial part of the broader local government role in future. Local government will need to adapt and recognise that this role inevitably crosses local authority boundaries.
The Renters’ Rights Act also recognises that there can be numerous individuals or companies involved in breaching housing legislation. Accordingly, many provisions of the act can be enforced against any 'relevant person'.
Therefore it allows local housing authorities to pursue not just landlords but also those acting on their behalf or purporting to do so (including, it seems where the landlord is not aware of this).
Similarly, where offences are attributable to officers of bodies corporate, the act allows for enforcement against the relevant corporate body and the individual concerned.
In addition, the act allows for enforcement by Rent Repayment Orders against superior landlords, overturning the Supreme Court’s decision in Rakusen v Jepson [2023] UKSC 9.
Enforcement of what
As noted above, almost anything that is capable of a breach can be enforced. Critically this includes ‘anti-gaming’ provisions at a new s.16E of the Housing Act 1988.
This section prevents landlords circumventing the main terms of the Renters’ Rights Act by requiring them not to purport to let for a fixed term or serve a notice to quit, or to rely on a ground of possession without a reasonable belief it might succeed.
Breaches of these terms can be enforced by the local housing authority imposing a financial penalty of up to £7,000 if it is 'satisfied beyond reasonable doubt' (ie the criminal standard of proof) as to the breach.
In due course, the Renters’ Rights Act provides for a private rented sector ombudsman and database.
The database will be a critical tool of enforcement as it will contain details of every landlord and every rented dwelling. This is backed up by strong enforcement mechanisms: a penalty up to £7,000 if in breach of the requirement to be on the database (s.91), which increases if there is a continued breach or a repeat breach within 5 years.
To ensure the database can be trusted, there are very large potential penalties of up to £40,000 for knowingly or recklessly providing false or misleading information (which can also – instead but not in addition- be conviction: s.92).
The act prohibits discrimination against potential occupants with children (s.33) or benefits claimants (s.34). These sections are likely to be comparatively harder to prove breach, which is recognised in the reduced standard of proof required: financial penalties of up to £7,000 can be imposed for breaches proved only on the 'balance of probabilities' (i.e. the civil standard). This standard also applies to a breach of the duty not to invite, encourage, or accept rental bidding (s.56).
Investigatory powers
Local housing authorities are empowered to pursue possible breaches by very wide-ranging investigatory powers. They can:
- issue notices requiring people involved with a rental property to provide any relevant information. Such notices are backed by an offence of failing to answer or providing false information (s.114).
- enter business or residential premises, including on some occasions without a warrant or using force, and seize documents as necessary (ss.118-129).
These powers will allow local housing authorities to enter suspected residential dwellings to conduct immediate investigations.
It will be critical for local housing authorities to consider future enforcement at this evidence-gathering stage: local housing authorities will be acting as both investigator and prosecutor in enforcement under the act.
Issuing penalties
Local housing authorities will need to develop their own policies on penalties, but must have regard to statutory guidance, which will function in effect as a sentencing guide, by providing starting points for various breaches. Whenever setting a penalty, they will also need to take into account:
- Severity
- Culpability
- Track record
- Harm caused
- Punishment
- Deterrence
The amount of penalties can be challenged in the First tier Tribunal. It is to be expected that over time the FTT decisions will provide guidance on the future level of penalties.
Schedule 5 of the Renters’ Rights Act provides for the procedure local housing authorities are to follow in issuing penalties. Those accused will have the right to make written representations and to challenge the penalty in the FTT by way of a re-hearing.
Local housing authorities will also need to consider recovery from the start of enforcement proceedings to ensure they seek to enforce penalties against persons with assets. The recovery of penalties is what is expected to fund the significant enforcement duties put on local housing authorities under the ‘new burdens’ doctrine.
Indeed, any proceeds not spent on further enforcement must be provided to the Secretary of State.
Conclusion
The Renters' Rights Act contains very wide-ranging measures to enforce the new regime of housing law. Caution will be required as these new arrangements ‘bed in’ and as all parts of the housing sector adapt and respond to the new incentives in place. To ensure enforcement does not become a postcode lottery local housing authorities must be ready and prepared to take on the new role which is being thrust upon them.