Crackdown pressure grows on rental compliance
Landlords have been urged to understand their new obligations under the Renters’ Rights Act, audit their properties and ensure compliance to avoid getting caught out under the new law.
“Understand your obligations now, get your compliance records in order, and know who to call before you need them,” said Phil Turtle, a director of Landlord Licensing & Defence.
His message follows recent warnings by councils, including Portsmouth City Council which messaged landlords on its licensing database, that the era of the advisory letter before enforcement is over.
He said: “Under the previous enforcement framework, some councils would typically issue a warning or advisory notice before escalating to formal action. That safety net has now been removed.
“Portsmouth’s updated policy (typical of all councils now) states explicitly that ‘formal enforcement may now be taken more quickly, without a warning in some cases — especially where there are serious risks, clear legal breaches or repeat issues.’ In plain terms: councils no longer need to warn you before they fine you.”
He said this was particularly worrying given the potential for fines up to £7,000 for certain minor breaches and up to £40,000 for the most serious offences, as well as the tight timelines involved. Multiple fines can also be issued.
Ticking clock
Turtle said: “What councils are not advertising is the brutal arithmetic of the enforcement timeline once a formal notice is issued. By the time a formal enforcement notice has been printed, processed, and delivered through the postal system, typically taking three to four days, and a landlord has actually opened and read it, the clock has often already been running for the better part of a week.
“The response window given to landlords is, in most cases, just 14 days from the date of the notice, meaning that in practice, landlords may find themselves with as few as six to seven working days to locate specialist legal support, brief a professional representative, gather evidence of compliance, and prepare a formal response.
“This is not a reasonable window for an uninformed landlord to navigate alone or to find and appoint a competent professional representative.”
He said the new law marked a “seismic shift”. “Councils are no longer being asked to educate first and enforce second. They are being told to enforce and enforce hard. “Our message to every landlord in England is this: do not wait until you receive a notice. In this new enforcement environment, preparation is not optional – it is your only real defence.”
