Westminster Policy News & Legislative Analysis

Renters’ Rights Act investigatory powers start 27 Dec 2025

Local housing authorities in England will gain new investigatory tools from Saturday 27 December 2025. The first commencement regulations for the Renters’ Rights Act 2025 switch on definitions and amendments needed for Chapter 3 of Part 4 to operate. The Act itself fixes this two‑month commencement for investigatory powers, counted from Royal Assent on 27 October 2025. Government’s implementation roadmap confirms this timing as “Commencement SI No. 1”.

Key definitions are activated for the purposes of these powers. Section 63 clarifies the meanings of “residential landlord” and “residential tenancy”. Section 99 defines when a dwelling is treated as being marketed for the creation of a residential tenancy, with an explicit exclusion for publishers that only host adverts. Section 100(1) and (5) make operative the concept of “qualifying residential premises” via the new section 2B of the Housing Act 2004.

From the same date, councils may issue information notices. Section 114 allows a notice to be given to a “relevant person” connected with the accommodation within the previous 12 months, while section 115 permits a notice to any person where there is reasonable suspicion of a breach under rented accommodation legislation. Notices can require specified information and, where necessary, the creation of documents.

Entry powers are also engaged. Section 126 permits entry without a warrant where a specially authorised officer reasonably suspects the premises are subject to a residential tenancy and needs to investigate specified breaches or offences; sections 128 and 129 provide for a warrant and the terms of entry under warrant, including producing the warrant to occupiers and securing premises on exit.

Section 134 widens councils’ ability to use third‑party data already held under other regimes. Amendments to sections 212A and 237 of the Housing Act 2004 allow tenancy deposit scheme information and Housing Benefit/Council Tax data to be used for a broader range of housing enforcement, including functions under the Renters’ Rights Act and specified provisions of other statutes. Departmental guidance explains the intended use cases.

Section 135 amends the Housing Act 2004’s powers to require documents and enter premises. It extends section 235 to cover functions in relation to “qualifying residential premises”, and adjusts section 239 so that owners of such premises need not receive 24 hours’ prior notice; instead, councils must notify after entry within a reasonable period. Occupiers can waive prior notice.

The commencement also enables statutory guidance on new financial penalties under the Housing Act 2004. Schedule 4, paragraph 9 inserts section 9(1A), allowing the Secretary of State to give guidance to local housing authorities on assessing compliance with requirements under section 2A and on financial penalties. Those penalties are set out in new section 6A, with a maximum of £7,000 and procedures in Schedule A1.

For councils, immediate operational implications include identifying and recording “specially authorised” officers, preparing standard forms for sections 114 and 115 notices, and updating processes to reflect post‑entry notification under section 239 for qualifying residential premises. Teams should also align data‑sharing protocols to the amended sections 212A and 237.

For landlords and agents, the change means they may receive formal information notices linked to enforcement of rented accommodation legislation. Those engaged in lettings agency work should note that “marketing a dwelling” is defined for these purposes, but publishers that only host adverts are expressly out of scope under section 99(4). Keeping accessible records covering the previous 12 months will reduce friction if a notice is received.

These powers arrive ahead of the main tenancy reforms. Government documents indicate Phase 1 measures such as abolition of section 21, assured periodic tenancies and related enforcement will commence on 1 May 2026, with separate guidance for councils and communications on rental discrimination scheduled for that date. The 27 December 2025 commencement is therefore targeted at investigatory and enforcement capability.

The territorial application is England. Separate commencement arrangements apply elsewhere and for other Parts of the Act; section 145 sets out the general commencement scheme and confirms the automatic two‑month start for Chapter 3 of Part 4. Further commencement instruments will follow for later phases.