## Increased local authority enforcement from May 2026

The Renters’ Rights Act 2025, coming into force on 1 May 2026, introduces a significant shift in how local authorities enforce landlord legislation in England. Under section 107 of the Act, local authorities will have a legal duty to enforce the rules in their areas. Failure to do so could result in Judicial Review proceedings initiated by tenants’ organisations, which are already preparing to hold authorities accountable.

This new enforcement framework means landlords can expect more scrutiny and action from local authorities, funded primarily through civil penalty fines and rent repayment orders (RROs). The government will provide initial seed funding, but thereafter enforcement activity must be self-sustaining through these penalties.

## Funding enforcement through penalties and rent repayment orders

Local authorities will be able to retain funds collected from Civil Penalty Notices and Rent Repayment Claims, incentivising active enforcement. The maximum penalties have been increased to support this model, with fines reaching up to £7,000 for certain breaches and up to £40,000 for more serious offences.

For landlords who comply fully with the law, this could be beneficial if it means that rogue and criminal landlords are targeted more effectively. However, all landlords must be aware that ignorance of the law will not protect them from penalties.

## What landlords must do to protect themselves

Landlords who are not deliberately non-compliant but unintentionally breach the law will still face penalties. Courts rarely accept ignorance of the law as a defence. Therefore, the best protection is full compliance with all landlord legislation.

To assist landlords, a comprehensive “Dealing with Local Authority Enforcement Kit” has been created. This guide explains the enforcement process, types of breaches and offences, penalty procedures, and rent repayment orders in detail.

## Understanding local authority investigations and penalties

Local authorities will investigate non-compliance by gathering evidence, sometimes through new powers to enter business premises and, in some cases, residential properties. However, many landlords inadvertently provide evidence themselves, for example by issuing tenancy agreements with fixed terms after 1 May 2026, or failing to include government-prescribed terms in tenancy agreements.

Civil Penalty Notices are quasi-judicial and require sufficient evidence before being issued. The level of fine depends on factors such as the landlord’s history; repeat offenders or portfolio landlords may face higher penalties, while those who made honest mistakes might avoid fines if they convince the authority it is not in the public interest to penalise them.

## Breaches versus offences and the consequences of repeated non-compliance

A breach is a less serious violation with a maximum fine of £7,000 and no option for prosecution. An offence is more serious, with a maximum civil penalty of £40,000 and the possibility of prosecution or banning orders.

If a landlord commits a further breach or offence within five years of a previous Civil Penalty Notice, this itself constitutes an offence with a fine up to £40,000, in addition to penalties for the new breach. This underscores the importance of avoiding repeated non-compliance.

## Civil Penalty Notice procedure and legal advice

The enforcement kit outlines the procedure local authorities follow when issuing Civil Penalty Notices and the appeal process. Landlords are strongly advised to seek legal advice immediately if they become aware of enforcement action, rather than attempting to handle it alone. Specialist solicitors and services exist to support landlords facing these challenges.

## Rent Repayment Orders and their increasing impact

Certain breaches and offences can lead to Rent Repayment Order applications, particularly when rent has been paid by benefit. Local authorities are more likely to pursue RROs after serving a Civil Penalty Notice. The maximum RRO award has increased to two years’ rent, representing a significant financial risk on top of fines.

## The growing enforcement landscape

Local authorities are becoming better equipped to enforce landlord legislation. The not-for-profit organisation Justice for Tenants has developed software that can generate valid Civil Penalty Notices quickly and provides advice and legal support to local authorities. Many councils already use this service, and its adoption is expected to grow.

Landlords interested in detailed guidance can access the enforcement kit through the Landlord Law service, which provides comprehensive resources and legal updates.