Councils are taking a tougher approach to enforcement under the Renters’ Rights Act, with some landlords potentially facing formal action without prior warning, according to Landlord Licensing & Defence.

It follows guidance issued by Portsmouth City Council to landlords on its licensing database after the new rules came into force on 1st May.

The law firm reports councils are increasingly adopting policies that allow officers to move directly to formal enforcement where there are “serious risks, clear legal breaches or repeat issues”.

No safety net

Phil Turtle (pictured), Director of Landlord Licensing & Defence, says: “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.”

He highlights wording in Portsmouth’s updated policy stating that “formal enforcement may now be taken more quickly, without a warning in some cases”.

Turtle adds: “In plain terms: councils no longer need to warn you before they fine you.”

Penalties can reach £7,000 for some lower-level breaches and up to £40,000 for the most serious offences, with councils also able to issue multiple fines at the same time where several breaches are identified during a single inspection.

Turtle claims many landlords are still unfamiliar with some of the tenancy management and discrimination rules introduced under the new regime.

Our message to every landlord in England is this: do not wait until you receive a notice.”

He is also warning landlords not to underestimate how quickly enforcement deadlines can move once notices are issued.

He says: “Our message to every landlord in England is this: do not wait until you receive a notice.

“Understand your obligations now, get your compliance records in order, and know who to call before you need them.”