A government amendment to the Renters’ Rights Bill is causing concern among landlords, with new powers that would allow councils to inspect rental properties without giving notice to the landlord. Currently the landlord must be given 24 hours’ notice.

The Bill gives local authorities the right to enter privately rented homes without notifying the landlord if they suspect poor conditions or serious health and safety violations. They would instead be informed only “within a reasonable amount of time” after the visit.

Local authorities will also have enforcement powers to fine landlords up to £30,000, issue landlord banning orders and retrospective action by councils and tenants with rent repayment orders, amounting to up to two years’ rent.

While aimed at rogue landlords, those who run compliant, well-maintained portfolios say they could be caught in the crossfire of a policy that lacks sufficient safeguards.

Phil Turtle, director of Landlord Licensing & Defence, warns that councils have historically used existing powers to intimidate and penalise, rather than genuinely enforce.

He cautions “Councils have been carrying out surprise inspections for years, often under the flimsiest of pretexts. They claim suspicion of unlicensed properties or breaches of regulations to justify unannounced visits, sometimes arriving at 5AM with eight officers dressed like riot police.”

Turtle argues the new amendment essentially formalises these aggressive tactics and could lead to large fines even for paperwork errors or minor infringement.

The Chartered Institute of Environmental Health, which called for the removal of the 24-hour period, has welcomed the news. Mark Elliott, the Institute’s president stated, “The current requirement provides an opportunity for the landlord to appear at the inspection, which can be an intimidating experience for the tenant making the complaint,”.

“Local authorities should be able to conduct such visits without giving the landlord 24 hours’ notice, permitting private conversations with the tenant before the local authority contacts the landlord to notify them if works are required.”