Skip to main content
Shelter Logo
England

Local authority investigatory powers

A local authority has powers to investigate offences committed by private sector landlords, including to enter residential premises, business premises and seize documents.

This content applies to England

Investigatory powers

A local authority has powers and duties to enforce and investigate breaches of housing legislation in the private rented housing sector.

A local housing authority can:[1]

  • require information from a landlord, their representative or any other person

  • enter business or residential premises with a warrant or without a warrant in certain circumstances

  • seize documents following entry to the premises

Entry to residential premises

A local authority can enter residential premises with or without a warrant to investigate breaches of housing legislation.

A local authority can use its powers to enter premises where an officer both:[2]

  • reasonably suspects a property is being privately rented out

  • considers it necessary to inspect to investigate whether there has been an offence

The authority can use the powers to investigate unlawful eviction or harassment offences.[3]

While on the premises the officer can take photos or make recordings. The officer can bring other people or equipment onto the premises if necessary.

Entry without a warrant

A local authority officer can enter residential premises in England without a warrant in certain circumstances.[4] This includes where the officer considers it necessary to inspect the premises to investigate if there has been a breach of housing legislation.

The officer must have authorisation by a deputy chief officer of the local authority or their superior.

The authority must give at least 24 hours' notice in writing to the occupier and the owner of the premises, unless they have waived their right to notice.

The local authority does not need to give prior notice to a residential landlord. The residential landlord must be notified after entry.

If premises are entered without notice, the officer must give notice within a reasonable period after the entry to the premises. This notice must state that the premises were entered, and when and why this occurred.

Entry with a warrant

A local authority officer can obtain a warrant to enter residential premises in certain circumstances.[5] This includes where access to the property has been refused, or where no-one is in and waiting for someone might defeat the purpose of entering the property.

A warrant can be granted if the court is satisfied that it is necessary for the officer to inspect the premises to investigate whether there has been a breach of housing legislation.

A warrant authorises the officer to enter the premises at any reasonable time, using reasonable force if necessary.[6]

The officer should produce the warrant for inspection to any occupiers on the premises. If there is no occupier, the office must leave a notice stating that the premises have been entered under a warrant.

Find out more on gov.uk: Investigatory powers guidance for Renters' Rights Act 2025.

Power to require information

A local authority can issue a notice requiring information from a landlord, agent, marketer or any other person.

Notice requiring information from the landlord, agent or marketer

A local housing authority can give a notice requiring specific information from anyone who has acted as the landlord, their agent or marketer within the last 12 months.[7]

Notice requiring information from any person

A local authority can serve a notice requiring information from any other person if the authority reasonably suspects there has been a breach of housing legislation. [8]

The authority can serve a notice on any person for the purpose of investigating whether there has been a breach or offence, or determining the amount of a financial penalty.

The local authority can make an application to the County Court or the High Court when a person fails to comply with a notice.[9] The court can make an order requiring the person to provide the information to the local authority.

Notice requirements

The notice must be in writing and include information about what happens if someone does not comply.

The notice can:

  • specify the timescale to comply

  • state how the information should be shared

  • require the creation of documents

Find out more on gov.uk: Investigatory powers guidance for Renters' Rights Act 2025.

Entry to business premises

A local authority can enter business premises with or without a warrant.

Entry without a warrant

A local authority officer can enter business premises without a warrant at any reasonable time if both:[10]

  • the officer reasonably believes the premises is occupied for the purposes of a rental business

  • the officer considers it necessary to enter the premises to seize or request documents

The officer can carry out a routine inspection or a non-routine inspection.

For routine inspections, the authority must give at least 24 hours' notice in writing. The notice must set out why entry is necessary and give an indication of the suspected offences. An occupier can waive the requirement for notice.

A non-routine inspection can be carried out when it is not reasonably practical to give notice or the officer reasonably believes giving notice would defeat the purpose of entry.

The officer must provide a document explaining why a non-routine inspection is necessary which includes information about the suspected offences, if reasonably practicable to do so.

The officer must provide evidence of their identity if there are occupiers on the premises.[11]

Entry with a warrant

A local authority can apply for a warrant to enter the premises of a rental business.[12] A warrant might be granted where access to the premises has been refused, is likely to be refused, or where documents would be concealed or interfered with if notice is given.

A warrant authorises an officer to enter the premises at any reasonable time, using reasonable force if necessary.[13] A warrant is valid for one month after it is issued.

An officer can be accompanied by other persons or take equipment onto the premises if necessary. An officer can take photos or videos if required.

When documents can be seized

A local authority officer who has entered premises with or without a warrant can:[14]

  • seize or detain documents

  • require the landlord or their representative occupying the premises to produce any documents relating to the relevant business

  • take copies of those documents

  • require the landlord or their representative to explain the documents

  • if necessary access an electronic device where information may be stored

An officer must provide proof of their identity when seizing documents, if it is reasonably practicable to do so.

The officer must take reasonable steps to inform the landlord or their representative that they have been seized and provide a written record of what has been seized.

Documents seized may not be detained for more than three months unless they are reasonably required to be detained for a longer period.

An appeal can be made to the magistrates' court against documents being detained.[15]

Find out more on gov.uk: Investigatory powers guidance for Renters' Rights Act 2025.

Local authority enforcement

A person commits an offence if, without reasonable excuse, they:[16]

  • obstruct a local authority officer who is exercising investigatory powers

  • fail to comply with a requirement imposed by a local authority officer

  • fails to give the officer assistance or information reasonably required for the purpose of exercising investigatory powers

  • knowingly or recklessly makes a false or misleading statement

A person who is guilty of an offence is liable on summary conviction to a fine.[17]

Last updated: 2 January 2026

Step 1 of 3
How helpful was this page?Select an option from 1 - Not helpful at all to 5 - Very helpful, with 1 - Not helpful at all being Not helpful at all and 5 - Very helpful being Very helpful

Footnotes

  • [1]

    s.114 - s.136 Renters' Rights Act 2025.

  • [2]

    s.126 and s.128 Renters' Rights Act 2025.

  • [3]

    s.126 Renters' Rights Act 2025; s.1 Protection from Eviction Act 1977.

  • [4]

    s.126 Renters' Rights Act 2025.

  • [5]

    s.128 Renters' Rights Act 2025.

  • [6]

    s.129 Renters' Rights Act 2025.

  • [7]

    s.114 Renters' Rights Act 2025.

  • [8]

    s.115 Renters' Rights Act 2025.

  • [9]

    s.116 Renters' Rights Act 2025.

  • [10]

    s.118 Renters' Rights Act 2025.

  • [11]

    s.119 Renters' Rights Act 2025.

  • [12]

    s.120 and s.121 Renters' Rights Act 2025.

  • [13]

    s.121 Renters' Rights Act 2025.

  • [14]

    s.122 and s.123 Renters' Rights Act 2025.

  • [15]

    s.125 Renters' Rights Act 2025.

  • [16]

    s.131 Renters' Rights Act 2025.

  • [17]

    s.131(4) Renters' Rights Act 2025.