Although the most widely discussed reforms under the Renters’ Rights Act (including the end of Section 21) do not commence until 1 May 2026, the government has already brought in a first set of investigatory and enforcement powers so councils can test whether agents and landlords are meeting existing responsibilities.
For landlords and letting agents, the practical message is straightforward: record-keeping and “baseline compliance” (gas safety, electrical safety, deposit protection, licensing where relevant, and evidence of repairs) is no longer something you can tidy up later. It is now far more likely to be scrutinised, and potentially at short notice.
What councils can do now
Government guidance is explicit that local housing authorities have powers to enter rental sector business premises, with or without a warrant, to request documents and seize evidence in defined circumstances. It states “The Renters’ Rights Act contains powers to enter a rental sector business premises with, and without, a warrant …”
“You can enter a business premises at a reasonable time to request documents and or to seize evidence if you reasonably believe a relevant person is running a rental sector business there.”
Once inside, the guidance confirms the officer can be accompanied and can use common evidence-gathering methods:
“If you are the person exercising the power of entry into business premises, you are allowed to: take another person or people with you, who will then have the same powers whilst they are with you; take equipment; take photographs; make recordings.”
How notice and warrants work in practice
In routine scenarios, councils must generally give at least 24 hours’ written notice before entering business premises without a warrant.
However, the framework also allows for “non-routine” entry without the usual lead time where notice is not reasonably practical or would undermine the purpose of the visit. In those cases, the officer must provide a document explaining why entry is necessary.
If entry is refused or is likely to be refused, councils can apply to a justice of the peace for a warrant, and a warrant can authorise entry using reasonable force if necessary.
The documents you should expect to be asked for
In practical terms, councils are focusing on the same compliance artefacts that already underpin day-to-day lawful letting and management. Expect requests for evidence covering the prior 12 months for matters such as:
- Tenancy agreements and prescribed information relating to deposits.
- Deposit protection evidence.
- Right to Rent records.
- Gas safety records and EICRs.
- EPCs.
- Notices served and related correspondence.
- Repair and maintenance logs and proof of action taken.
- Licensing evidence where applicable.
For many landlords, the risk is not a total absence of compliance, but an inability to evidence it quickly and coherently when asked.
Seizure powers and what that means for your systems
The guidance also sets out how document seizure can work, including circumstances where an officer may remove documents for later review under additional seizure powers. It states “If you reasonably suspect that a document may be needed as evidence for a breach or offence under the rented accommodation legislation, you can take it.
“If you reasonably believe the document is something you are allowed to search for or seize or that it contains information you are allowed to seize, but it’s not reasonably practical to decide this on the premises or to separate it on the premises, you can take the document using the additional powers in section 50 of the Criminal Justice and Police Act 2001. You will then need to assess if the document is relevant as soon as reasonably practicable afterwards. If it is not relevant you will need to give it back as soon as reasonably practicable.”
This has implications for how property managers store information. Dispersed “paper-and-email” record keeping makes it harder to comply smoothly with requests, and increases the chance that an inspection becomes more disruptive than it needs to be.
Why this matters for May 2026
The government has confirmed that Section 21 will end from 1 May 2026, alongside other significant changes affecting rent increases, upfront rent, bidding wars and discrimination.
Even if you are focused primarily on those upcoming tenancy and possession changes, the earlier enforcement push is a signal about direction of travel: the compliance and evidence burden is rising, and councils are being positioned to use investigatory tools more proactively.
Funding and capability is increasing
To support readiness and enforcement activity, the government has committed £18.2m for local housing authorities, allocated based on the number of private rented sector properties in each area, and sector bodies have highlighted training efforts aimed at enforcement teams.
The practical consequence is greater variability by area (some councils will act sooner and more assertively than others), but a general upward trend in inspections and document-led investigations is likely across England.