The government is to hand councils the power to carry out secret inspections on private rental properties.
Landlords will only be informed after the event, and they have reacted angrily to the proposal, declaring the law to be against their “property rights”1, “intrusive” and “undermining of trust”. Rights of entry are strictly limited under English common law.1 & 2
Previously, local authorities had to give landlords 24-hours’ notice before entering landlords’ rental homes, however their tenants will still be afforded that concession; they will be given the same 24-hours’ notice under the new rules.
Social housing landlords have come under this regime for some time. Under the Social Housing (Regulation) Act 2023, which received Royal Assent on 20 July 2023, councils and the Regulator of Social Housing gained the legal right to carry out “Ofsted-style” short-notice inspections, with 48 hours’ notice.
However, the Renters (Reform) Bill – expected to become law sometime in 2026 – will extend these enhanced enforcement powers to the private rented sector (PRS), granting councils greater authority to inspect privately rented homes for health-and-safety issues.
This will include powers for unannounced or short-notice visits backed by enforcement powers of fines up to £30,000, landlord banning orders and retrospective action by councils and tenants with rent repayment orders, amounting to up to two years' rent.
Baroness Taylor of Stevenage, who is the Parliamentary under-secretary of state for housing, told the House of Lords that giving a notice period can lead to “unscrupulous landlords hiding evidence of breaches”.
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 had said the housing body was “delighted” at the change. “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,” he has said.
“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.”
The new rules are a result of amendments made to Labour’s Renters’ Rights Bill and passed in the House of Lords last week, aimed at clamping down on “unscrupulous”, rogue landlords .
The proposals were heavily criticised by Conservative peer Lord Jamieson, but nevertheless, it was carried. Lord Jamieson said: the “…powers of entry were intrusive by their nature”, and “The amendments risk undermining trust in local authority investigations and could lead to a greater number of legal challenges, confusion and even misuse.”
Although sections of this legislation are already live for social housing landlords, it will be some time before the measure becomes law for private landlords, that’s if it survives scrutiny as the bill passes through Parliament and any legal challenges potentially brought by landlord bodies.
After the passing into law of the Renters’ Rights Bill landlords will be under a stricter health and safety regime in any case with the introduction of the Decent Homes Standard (DHS) in the PRS. And eventually it seems, landlords will no longer be able to rely on advance notice to give them time to remedy or mask any health and safety issues.
Environmental Health Officers (EHOs) will be empowered to turn up unannounced - to landlords - to assess compliance with HHSRS standards, fire safety measures, EPC regulations, and electrical inspection obligations.
The government’s aim is to instil into councils a culture of proactive enforcement of health and safety regulations in their rented housing stock rather than relying on merely reacting when tenants make complaints.
When they discover failures in compliance, they will have the additional powers to impose fines up to £30,000. They can also apply banning orders, make rent repayment claims, and impose reputational damage on landlords through the new landlord database registries of banned landlords.
Councils have come under severe criticism in the past, not least from the landlord bodies and responsible landlords who follow the rules, when councils fail to adequately enforce the rules against the rogues in the industry.
Councils often use an excuse that they are under-resourced and stretched too thin. There may be some justification for this claim as statistics show that there's an average catchment of 10,000 homes per 2 to 3 enforcement officers (especially in London) which highlights chronic understaffing that exists in councils up and down the land.
Environmental Health departments are often already snowed under, dealing with housing complaints from social as well as private rented housing, and as well as dealing with their broader public health responsibilities—adding these snap inspections will obviously create further strain.
Selective licensing schemes help with funding to support inspection costs, but they are schemes that add to the burden on those landlords who comply, and not every council has such a scheme in place. National council budgets have been slashed, and some are verging on bankruptcy, severely limiting new hiring or training.
Under resourcing is a problem which may lead to token snap inspections, especially if EHOs are inexperienced and undertrained. Areas with licensing may see most of the action, while others remain untouched leading to inconsistencies throughout the housing stock. What’s more, there could be court challenges and legal appeals which would delay enforcement and put further pressure on EHOs’ time.
Councils with focused HMO/Selective Licensing efforts are already seeing results from carrying out more inspections. In Ealing, more than 130 HMOs have been inspected since August 2024, with a target of 100 large HMOs/month. (GOV.UK)
Councils are becoming more effective at focussing on non-compliance, they’re using databases and tenant rights tools to track and target high-risk properties and tenants can request confidentiality, which results in unlocking more inspections of previously hidden unsafe homes. (Citizens Advice)
Snap inspections are already legal and in force and being used effectively in parts of the social housing sector following the Social Housing Regulation Act of July 2023. For private landlords, new rules under the Renters (Reform) Bill will likely be phased in, with an incremental rollout by local authorities.
But there is a big proviso: without substantial investment in staff, training, and data systems, many councils will struggle to deliver effective coverage and enforcement. Many non-compliant rentals could still hide under the radar.
However, private landlords should not be complacent. These new powers are real and rising. Proactive selective-licensing councils are already gearing up for this and landlords will be hearing about knocks on their doors.
Of the many existing laws, rules and regulations affecting rental housing in the UK the Decent Homes Standard is simply the latest imposition of an ever more stringent health and safety regime.
In future, if this is brought into law for private landlords, which seems very likely, expect unannounced visits—no more hiding issues behind short notice -notice periods to put things right.
Landlords should be conducting robust audits on their own properties now, covering HHSRS, EICRs3, fire safety, EPCs ahead of any call from the council. See Health & Safety in Rental Properties
Inspect your properties regularly, especially those in selective licensing schemes, and HMO properties. Focus on areas including fire precautions, room sizes, refuse disposal and amenities, exactly the items councils will be tracking.
Keep full documentation of your inspections and risk assessments. This documentation not only shows real commitment to compliance, it could reduce penalties if you do fall down and is invaluable evidence in tribunals and in court.
This article reflects the current landscape, but it is a developing picture, so keep an eye out for updates.
1 - In the UK, property rights encompass the historical legal entitlements to own, use, and control land and possessions, including both tangible items and intellectual property. These rights are protected under both domestic (common law) and international law, such as the Human Rights Act. Key aspects include ownership (freehold and leasehold), easements, and rights of access, as well as protections against unlawful interference and deprivation.
2 - In the UK there are a limited number of circumstances where anyone can enter a home without a warrant. The police can enter a home without a warrant only under specific circumstances, primarily to prevent a crime, save lives, or make an arrest. Other individuals, like bailiffs acting under a court order or authorized personnel from utility companies, may have limited powers of entry, gain only in specific circumstances.
3 - An EICR stands for Electrical Installation Condition Report. This is a document that assesses the safety of a property's electrical installations, including wiring, sockets, fuse boxes, and other fixed electrical components. Essentially, it's a check carried out by a qualified electrician to ensure the electrical system is safe and compliant with regulations.
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