New powers granted to councils under the Renters’ Rights Act, effective from 27 December, allow local authorities to enter private rented properties without a warrant in certain circumstances. While these measures aim to improve housing standards and tenant safety, landlords warn that the approach to forced entry and surprise inspections could ultimately disadvantage tenants and complicate landlord-tenant relationships.

Background: Councils’ Entry Powers and Selective Licensing

Nottingham City Council, among others, is preparing to implement these new powers, which build on existing selective licensing schemes. These schemes already permit councils to inspect properties to ensure compliance with housing standards. However, the Renters’ Rights Act extends the ability of council officers to carry out surprise inspections without prior notice or warrants under specific conditions.

Mick Roberts, a landlord in Nottingham with 28 years’ experience housing benefit tenants, recently received a letter of intended entry for one of his properties. The letter warns that if issues are found during the inspection, the council may issue an enforcement notice and impose a £350 charge. This development has raised concerns about the impact on tenants and landlords alike.

Concerns Over Forced Entry and Tenant Impact

Mr Roberts expressed his worries to Property118, highlighting the potential distress caused to tenants by the threat of forced entry. He questioned the fairness of the council’s approach, noting that neither landlords nor tenants have committed any crimes, yet the council intends to enter properties without prior agreement on timing.

He also pointed out the financial implications: “The council claims they will charge me £350 when they find something wrong. If it’s something the tenants have done, what do the council think will happen to their cheap rent?” This suggests that enforcement actions could indirectly affect tenants through rent increases or changes in tenancy arrangements.

Mr Roberts further criticised the lack of communication regarding access arrangements, stating: “The landlord has committed no crime. The tenant hasn’t. The house is safe as far as we’re aware. Yet the council don’t even discuss a suitable time with the landlord to arrange access for everyone?”

Council Perspective on Compliance Inspections

A Nottingham City Council spokesperson emphasised the importance of compliance inspections in maintaining housing standards and protecting tenants. They explained that selective licensing schemes help ensure residents have access to safe, well-managed homes and that inspections support landlords in meeting their legal responsibilities.

The spokesperson added that where issues are identified, the council takes a proportionate approach, outlining necessary actions and allowing landlords time to address problems. Charges are only applied when landlords fail to meet legal requirements, in line with national policy. The council also stated it does not comment on individual cases or unverified claims, focusing instead on creating a fair system for responsible landlords.

Legal Context and Enforcement Practices

Landlord law expert Phil Turtle from Landlord Licensing & Defence explained that councils have long had powers to enter properties under the Housing Act 2004. Section 239 allows councils to inspect properties within 24 hours of an official complaint, and under Sections 72 and 95, councils can enter unlicensed properties without notice if they suspect licensing offences.

Mr Turtle described enforcement tactics, including early morning raids with multiple officers, which can be intimidating for tenants and landlords. These practices underscore the significant authority councils wield in enforcing housing standards, sometimes exceeding police powers in terms of property access.

Implications for Landlords and Tenants

For landlords, these developments highlight the importance of maintaining compliance with licensing and housing standards to avoid enforcement actions and charges. The threat of forced entry and surprise inspections may strain landlord-tenant relationships, particularly if tenants feel their privacy and security are compromised.

Tenants may face indirect consequences if enforcement costs lead landlords to increase rents or expedite property sales, potentially disrupting tenancies. Landlords should therefore engage proactively with councils and tenants to manage inspections and address concerns collaboratively.

Looking Ahead: Support for Landlords

In response to the evolving regulatory landscape, the Tenants’ Landlord Association (TLA) is launching a new Trusted Partners Hub in Q1 2026. This initiative will feature verified and approved service providers selected to support landlords, tenants, and property management businesses. Legal, trades, insurance, financial, mortgage, tenant screening, and other relevant service providers are invited to register their interest at landlordassociation.org.uk/become-a-tla-service-partner/.