A significant change taking effect on December 27 grants local councils what some are calling “draconian powers” over the private rental sector. This makes maintaining meticulous records more vital than ever for landlords and their agents.

What Councils Can Request

To enforce existing laws and new regulations coming in May as part of the Renters’ Rights Act, local councils can now request a wide range of compliance documents.

Councils can request these documents from landlords, agents, and anyone who held an interest in a property over the previous 12 months (e.g., a landlord who recently sold the property).

The requested documents include:

• Tenancy Agreements

• Deposit Protection Certificates and Prescribed Information

• Right to Rent check records

• Gas Safety and Electrical Installation Condition Reports (EICRs) Certificates

• Energy Performance Certificates (EPCs)

• Legal Notices Served

• Repair And Maintenance Records

• Relevant council licensing certificates

High Penalties for Non-Compliance

Central government has given councils an extra £18 million to enforce these regulations.

Landlords who fail to comply with different elements of the regulations, including failing to keep appropriate paperwork or furnish tenants with vital documents, could face fines between £7,000 and £40,000.

Opportunity for Agents

While most letting agents will already have these documents on file, many self-managing landlords will likely be unable to comply. This presents a clear opportunity for agents to inform landlords about the rigorous nature of these new powers and the severe penalties for non-compliance.