Government issues guidance for councils on new powers of investigation under Renters’ Rights Act

The new powers will commence on 27 December 2025, two months after the Act received Royal Assent.

The guidance covers:

• Overview
• Asking a relevant person for information
• Asking any person for information
• Powers to enter a business premises
• Entering business premises to investigate
• Taking documents after entry into business premises
• Suspected residential tenancy - power of entry
• Using Council Tax, Housing Benefit and Tenancy deposit information s.134
• Investigatory powers under the Housing Act 2004 s.135
• Client Money Protection schemes: investigatory powers s.136

The guidance says: “Care should be taken to ensure that the power can be exercised for the purpose a local housing authority intends.

“For example, some of these investigatory powers can be used to support local housing authority investigations relating to illegal eviction, poor housing conditions and other housing legislation where they apply to relevant accommodation.”

It notes that some of the legislative provisions listed in each section will not be in force when the guidance is issued or will be amended later. The provisions not in force are: 

• Protection from Eviction Act 1977, sections 1A 
• Renters’ Rights Act, chapter 3 of Part 1 and Part 2 

The Act will “rebalance landlord-tenant relations across England”, the Government claimed earlier this week.

According to Robert Stewart, housing and property disputes partner at law firm Anthony Gold, te most substantial reforms to residential tenancies in the private sector are expected to take effect in Spring 2026. Other reforms, and the abolition of section 21 notices by social landlords will take longer, he added.