Councils Given New Powers to Inspect Rented Homes Unannounced

From December, councils across England will be able to enter private rented properties without a warrant in certain circumstances.

The new powers, set out under the Renters’ Rights Act 2025, allow local authorities to carry out unannounced inspections. Landlords will not need to be notified before an inspection takes place.

The government has published investigatory powers guidance for local authorities to enforce the new law ahead of it coming into force on December 27.

Under the guidance, council housing officers can use their new power of entry “in certain circumstances”, including breaches of the duty to ensure “an active landlord and active dwelling entry in the database” or “knowingly or recklessly providing false or misleading information to the database operator”.

This means if a council officer reasonably suspects a property is being rented out without the required landlord registration and needs to confirm it is being used as a home, they can use powers under Section 126 of the Renters’ Rights Act to inspect.

However, failing to register does not automatically trigger an inspection or give councils an immediate right of entry.

The power can only be exercised where there are reasonable grounds to suspect a breach and the inspection is necessary to verify that a tenancy exists.

The guidance also allows council officers to enter without a warrant “if the authorisation states the specific purpose for which they are authorised to enter the residential premises.”

Once inside, officers can take photographs and make recordings without needing the landlord’s permission.

The guidance says landlords do not need prior notice but must be informed in writing after the entry has taken place.

It adds: “You must give notice to a residential landlord informing them that the property was entered, including the date of the entry and the purpose of the entry, within a reasonable period after the entry.

“This notice must be in writing, be given by an officer of the local housing authority, include an explanation on why you need to enter the premises, and an explanation on what laws a person may be breaking if they obstruct the entry or fail to comply with properly imposed requirements.”

Landlord law expert Phil Turtle, from Landlord Licensing and Defence, told Property118 that the new rule merely formalises what councils have already been doing:

“A council can still inspect a property even if the tenant and landlord refuse to give permission. Councils have more power than the police to enter your home.”

Mr Turtle added that even before the new legislation, councils had extensive authority under the Housing Act.

Landlords and tenants can face fines if they obstruct inspections.

Mr Turtle warned: “We hear so many stories that councils tell foreign nationals that if they don’t let them in, they will get deported.

“The officers will barge their way upstairs to count how many people are in beds and claim they are all living there.”

“Councils seem to think that an unlicensed HMO is second only to murder!

“If a landlord or a tenant obstructs this entry, it will be classed as a level four fine costing up to £2,500, and they can still enter the property!

“If you refuse entry, they simply go to the Justice of the Peace (Magistrate) and get a warrant and enter by force.”

The new guidance aims to strengthen enforcement of housing standards, but it has already raised concerns among landlords about overreach and the erosion of privacy rights.

The government says the new powers are designed to protect tenants, ensure fair treatment, and crack down on rogue landlords operating illegally in the private rented sector.