One big difference between the enforcement of regulations now and the enforcement of regulations after the Renters Rights Act 2025 comes into force is that it is going to happen more often.
This is because the act provides in section 107 that ‘It is the duty of every local housing authority to enforce the landlord legislation in its area.’
This means that if Local Authorities drag their heels, tenants’ organisations will likely be issuing proceedings for judicial review. Something which is already being openly discussed in the sector.
Local Authorities’ enforcement powers are considerably enhanced by the Act, and they will be able to issue fines of up to £7,000, or for more serious offences, £40,000 on landlords.
Then. if landlords commit further breaches after being fined, the Act allows for significantly increased penalties, meaning repeat offences can become extremely expensive indeed.
In my last tip, I advised landlords to carry out inspections and to do an audit of their property now. Our Property Inspection Kit and Audit Kit (free of charge to Landlord Law members) can help you with this.
However, if you are contacted by Local Authorities, what should you do? Here are my tips:
My first tip – do not refuse to cooperate
This is in itself an offence.
It is NOT a breach of data protection to give information to Local Authority Officers acting under their statutory duties. This is specifically provided for in the data protection legislation.
If you refuse to cooperate, all you will do is annoy them and invite further action. They are not going to ‘go away’.
My second tip – don’t be rude
Hopefully, you would never do this, but apparently, many landlords are routinely rude and offensive towards Local Authority Officers.
In fact, this happens so often that Local Authority Officers expect it, and it explains the hostile attitude they often have towards landlords.
However, if you are polite and treat them with respect, they are more likely to do the same to you. After all, they are only doing their job.
My third tip – always get advice before speaking
Although being cooperative about providing information and being polite and respectful will go a long way towards persuading Local Authorities not to take enforcement action against you, you need to be very careful what you say to them.
It is all too easy for landlords, unfamiliar with the law, to inadvertently make an admission which can later be used against them.
So my advice is, always take legal advice from specialist solicitors at the first contact with Local Authorities and follow their advice. For example, from one of the solicitors on our telephone advice panel.
In particular, you should NEVER attend a PACE interview with Local Authority Officers without first taking specialist legal advice, and ideally, you should have your solicitor present at the interview with you.
Better still, don’t attend at all and get your solicitors to draft written responses you can give them instead.
The fines and awards that can be made against you can be so huge that it will always be a false economy to try to save on legal fees.
And finally
If you want to find out more about Local Authority enforcement powers and procedures, along with a list of all the breaches and offences you can be fined for, see my new Dealing with Local Authority Enforcement Kit.
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