While much of the Renters’ Rights Act 2025 (RRA) focuses on improving security and standards for tenants, Chapter 3 of Part 4, one of only a few parts of the Act to have actually come into force in 2025, delivers significant new enforcement powers for private sector housing teams. This chapter sets out a detailed framework of new investigatory powers designed to support councils in enforcing legislation in the private rented sector (PRS). 

From 27 December 2025, these powers became available to local housing authorities (LHAs) when investigating suspected breaches. Practitioners can follow the procedure on RIAMS Libraries here: Renters’ Rights Act 2025, Chapter 3 of Part 4: Investigatory Powers (HP247E), where you will find much more detail on these new powers, including an extensive list of notice templates. 

Purpose of the investigatory powers 

These powers will be familiar to colleagues in trading standards who enforce consumer protection legislation. They have been introduced into the housing standards toolbox to support investigation and enforcement in the PRS. They cover: 

• Requiring information 

• Entry to business premises 

• Entry to residential premises (in specific circumstances) 

• Production and seizure of documents 

• New offences linked to obstruction and non-compliance 

• Modification to Housing Act 2004 section 239 powers of entry. 

The powers introduced through the RRA apply to investigations under a wide range of legislation, including the Housing Act 1988, the Housing Act 2004, the Housing and Planning Act 2016, the Protection from Eviction Act 1977 and, once commenced, relevant parts of the RRA itself. A summary of each new power is provided below. 

Requiring information, powers of entry and seizure of documents 

Requiring information from a ‘relevant person’ (section 114)   

Section 114 allows an LHA to require information from a relevant person, including landlords, licensors, agents and others who have been involved with relevant accommodation within the previous 12 months. This power can be used when investigating specific housing legislation and, usefully, can require the creation of documents, not just the provision of existing ones, going beyond the familiar section 235 Housing Act 2004 power (which has also been amended to widen the scope). Failure to comply is an offence that is liable, upon summary conviction, to a fine of up to £1,000 (see section 114 notice template). 

Requiring information from any person (section 115) 

Section 115 goes further, albeit with limited enforcement powers. Where an officer reasonably suspects a breach or offence under the ‘rented accommodation legislation’, the LHA can require information from any person or organisation. This is intended to capture third parties such as banks, accountants or client money protection schemes, whose information is relevant to investigating whether a breach has occurred or determining the level of a financial penalty. As with section 114, a notice under section 115 may also specify documents to be created. Failure to comply under this section is not an offence; the LHA must apply to the court for an order demanding compliance (see section 115 notice template). 

Entry to business premises without a warrant (section 118) 

The Act introduces structured powers of entry onto business premises such as letting agents, with or without a warrant. Officers may enter business premises at any reasonable time without a warrant where they have given 24 hours’ notice (in most cases), providing it is not wholly or mainly residential accommodation. These powers can be used when the premises are occupied by a rental sector business and entry is necessary to demand or seize documents in connection with the rented accommodation legislation. Entry with a warrant come under sections 120–121 (see section 118 notice and section 19 notice to occupier following entry templates). 

Production of documents (section 122) 

Once lawfully on the business premises, officers can require the production of documents relating to the business conducted there, take copies and require explanations. This includes electronic records, which must be provided in a visible and legible form. 

Seizure of documents (section 123) 

Where officers reasonably suspect documents may be needed as evidence, they can seize and retain them. Clear requirements apply to provide written records of seized items and retention time limits (see section 123 document template). 

Entry to residential premises without a warrant (section 126) 

Powers under the RRA to enter residential premises are more tightly controlled. Specially authorised officers may enter premises without a warrant where they reasonably suspect there is a residential tenancy and they need to investigate specific breaches or offences, such as those relating to the PRS database, restrictions on marketing, advertising and letting dwellings and unlawful eviction or harassment (once these powers are enacted). At least 24 hours’ written notice must generally be given to occupiers and others entitled to notice, unless everyone entitled to notice waives that right. Landlords must be notified after entry within a reasonable period. Entry with a warrant falls under sections 128–129 (see notice to owner, notice to occupier templates). 

New offences 

To ensure these powers are effective, section 131 introduces new offences for obstructing, failing to comply with lawful requirements, failing to provide assistance or information, providing false or misleading information and pretending to be a local authority officer. These are summary offences punishable by fines. 

Housing Act 2004 section 239 powers of entry  

Housing Act 2004 section 239 powers have been amended to remove the necessity to give 24 hours’ prior notice to the property owner when carrying out an inspection, replacing the notice in advance with a duty to notify the owner after the inspection. Occupiers can now waive their right to 24 hours’ prior notice of entry; however, caution is advised, as all persons entitled to notice must waive their right. These changes apply to ‘qualifying residential’ premises only, defined in section 2B of the Housing Act 2004 (inserted by section 100 RRA) and include PRS dwellings and HMOs let on a relevant tenancy or supported exempt accommodation. Social housing and properties occupied under a licence are not included in these amendments. (see notice to owner following visit template). 

Key takeaways  

Although these powers came in on 27 December, not all the provisions they cover will be in force until 1 May or later. Once they are in place, these new powers provide additional options for investigating suspected breaches and offences and for gathering evidence to support enforcement action. They provide additional tools for officers to ensure robust enforcement in the PRS. They need to be used lawfully: officer authorisations must be correct and explicit, and notices must be carefully drafted to meet the stipulated timescales. Used properly, these powers should make investigations more effective, promote compliance and reduce the scope for delay, obstruction or evasion. 

For further guidance, take a look at the procedure Renters’ Rights Act 2025, Chapter 3 of Part 4: Investigatory Powers (HP247E) in RIAMS Libraries.