Legislation – Renters’ Rights Act 2025

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Part 4Enforcement

Chapter 3Investigatory powers

Investigatory powers under this Act

126Suspected residential tenancy: entry without warrant

(1)

A specially authorised officer of a local housing authority may enter premises in England at any reasonable time, if—

(a)

the officer reasonably suspects that the premises, or part of the premises, are subject to a residential tenancy within the meaning of Part 2 (see section 63), and

(b)

the officer considers it necessary to inspect the premises for the purpose of investigating whether there has been, in relation to the premises—

(i)

a breach of section 82(3),

(ii)

an offence under subsection (1) of section 92,

(iii)

an offence under subsection (2) of section 92 where the continuing conduct referred to in paragraph (b) of that subsection is a breach of section 82(3),

(iv)

an offence under subsection (3) of section 92 where the different breach referred to in paragraph (b) of that subsection is a breach of section 82(3),

(v)

an offence under subsection (4) of section 92 where the breach referred to in paragraph (b) of that subsection is a breach of section 82(3), or

(vi)

an offence under section 1 of the Protection from Eviction Act 1977, and

(c)

notice has been given in accordance with the requirements of subsection (2) to—

(i)

an occupier of the premises, and

(ii)

any person who has an estate or interest in the premises, other than a mortgagee not in possession and has supplied the local housing authority with an address for the purposes of this paragraph,

unless notice is not required as a result of subsection (3) or (4).

(2)

The requirements referred to in subsection (1)(c) are that—

(a)

the notice is in writing and is given by an officer of the local housing authority,

(b)

the notice sets out why the entry is necessary and indicates the nature of the offences under section 131(1) and (2) (obstruction), and

(c)

there are at least 24 hours between the giving of the notice and the entry.

(3)

A notice need not be given to a person who has waived the requirement to give notice.

(4)

A notice need not be given in accordance with subsection (1)(c)(ii) to a person who is a residential landlord within the meaning of Part 2 (see section 63).

(5)

If—

(a)

premises are entered in exercise of the power conferred by subsection (1), and

(b)

notice is not given to any person because of subsection (4),

an officer of the local housing authority must give that person notice in writing of the exercise of that power within a reasonable period after its exercise.

(6)

The notice must—

(a)

identify the premises that were entered,

(b)

state when the premises were entered, and

(c)

state the purpose for which the premises were entered.

(7)

A specially authorised officer entering premises under subsection (1) may be accompanied by such persons, and may take onto the premises such equipment, as the officer thinks necessary.

(8)

A specially authorised officer entering premises under subsection (1) may take photographs or make recordings.

(9)

A specially authorised officer must, if requested to do so, produce the officer’s special authorisation for inspection by a person to whom notice is required to be given under this section or anyone acting on behalf of such a person.

(10)

For the purposes of this section an officer of a local housing authority is “specially authorised” where the officer’s authorisation by the local housing authority for the purposes of the power under subsection (1) (see section 132(2))—

(a)

states the particular purpose for which the officer is authorised to exercise the power, and

(b)

is given by the local housing authority acting through—

(i)

a deputy chief officer of the authority whose duties include duties relating to a purpose within subsection (1)(b), or

(ii)

an officer of the authority to whom such a deputy chief officer reports directly, or is directly accountable, as respects duties so relating.