The Renters’ Rights Act is coming, but councils are already failing to catch criminal landlords

Many landlords will educate themselves on the new regulations and seek to abide by them, but others will be watching keenly to see what they can get away with after 1 May. We are already hearing tales of letting agents trying to pull the wool over renters’ eyes, demanding a “statement of intent” from prospective tenants to commit to remaining in the property for 12 months with no break clause.

This statement has no legal basis, but does effectively trick renters into thinking that they do not have the flexibility in their home that the new law provides, and it may even put tenants off from taking a tenancy they are perfectly entitled to because they can’t commit to that period.

“Many landlords will educate themselves on the new regulations and seek to abide by them, but others will be watching keenly to see what they can get away with after 1 May”

It’s therefore critical that councils are able to robustly enforce the new laws early on, using the increased civil penalties to demonstrate to landlords what happens if they try to ignore them.

However, a recent investigation into council enforcement of private landlords by The Guardian found that two-thirds of councils in England have not prosecuted a single landlord in the past three years, despite receiving 300,000 complaints from tenants during that time.

Meanwhile, half of local authorities responsible for housing didn’t fine a landlord between 2022 and 2024, with fewer than 2% of renter complaints leading to formal enforcement. A major reason for this is that council funding for enforcement fell by an average of 41% between 2010 and 2020.

The obvious question, then, is how can we expect councils to police a host of new regulations when they are already failing in their existing duties?

The government has promised £18m in additional funding to help councils enforce the Renters’ Rights Act when it comes into force. But, with local authorities across the country selling off publicly owned facilities to pay off massive debts, alongside spiralling temporary accommodation bills, this figure barely touches the sides.

Down the line, councils will also be able to raise money through landlord fees to sign up to a new private rented sector database. Modelling from the New Economics Foundation found that, assuming 65% compliance with the database, a modest annual per-property fee could lead to a 233% uplift in private rented enforcement-related staffing nationally.

“Investing in enforcement now will help deter other landlords from committing offences later”

This, alongside increased civil penalties for landlord misdemeanours, means the ambition is for councils to be self-sufficient in funding enforcement in the future. But this is a long way off, especially as the new database won’t be created until phase two of the government’s implementation roadmap in late 2026, and even then it will be a staggered approach.

So, my message to local authorities is, if you find landlords are not following the new law, for example if a landlord has evicted a tenant to sell the home before re-letting it at a higher price, or they’ve demanded more than one month’s rent up front, take strong action and publicise it. Investing in enforcement now will help deter other landlords from committing offences later.

At the same time, it’s important councils use the powers they already have to both improve private rented homes and bring in more funding.

Late last year, the government removed the clause which said councils need to get government approval to introduce selective licensing schemes in their areas. In Leeds, for example, more than 6,000 people have benefitted from better-quality homes following the removal of hazards through Leeds Council’s selective licensing schemes, while the council was also able to increase private sector housing officer resources through the license fees.

Renters will also have a role to play in enforcing the new laws. But we need to know what the law is to know when it’s been broken.

Generation Rent’s polling from earlier this year found nearly seven in 10 renters have either never heard of, or know little about, the first-tier tribunal, the system through which renters can challenge rent hikes and claim rent repayment orders.

In many cases, councils will depend on renters to identify non-compliance with licensing schemes, new eviction rules and the database when it comes in. Therefore, councils must also use their networks and communications channels to make sure renters are aware of how their rights are changing and how they can be compensated if their landlord breaks the law.

If enforced properly, the Renters’ Rights Act will improve homes, prevent homelessness and even save lives. With the government’s backing, councils can and must seize responsibility.

Ben Twomey, chief executive, Generation Rent