Enforcement Watch: Edition 001, May 2026

This Month at a Glance

The Renters' Rights Act 2025 came into full effect on 1 May 2026, triggering the most significant expansion of private rented sector enforcement powers in England in a generation. Civil penalty ceilings rose from £30,000 to £40,000, rent repayment orders doubled to a maximum of 24 months, and councils took on a statutory duty to enforce landlord legislation.

The government announced £41 million in additional enforcement funding for 317 English councils on 14 April 2026, bringing total pre-implementation support to £60 million.

NRLA Freedom of Information research published in March 2026 found that English councils collected just a quarter of civil penalties imposed on private landlords over the preceding two years.

Brighton & Hove and the Royal Borough of Kensington & Chelsea published or consulted on new enforcement policies ahead of 1 May. A separate FOI investigation found only five of the 20 major councils surveyed confirmed operational readiness for the commencement date.

Harrow launched six new selective licensing schemes covering Edgeware, Greenhill, Marlborough, Roxeth, Wealdstone North, and Wealdstone South.

Cases on Record

Derby, England. Penalty: £660 fine, £1,160.76 costs, £264 victim surcharge. Offence: failure to produce documents requested by Derby City Council under the Housing Act 2004. Landlord found guilty in absence at magistrates' court. Source: Landlord Today, 6 May 2026.

England (location not disclosed). Penalty: £40,700. Offence: operating an unlicensed HMO with absent firefighting equipment, no emergency lighting, inadequate fire exits, and two rooms below minimum size. Civil penalty upheld on appeal. The landlord's management company attributed the failure to an administrative error arising during the Covid-19 period. The tribunal did not accept this as a reasonable excuse.

England (location not disclosed). Penalty: in excess of £5,000. Offence: administrative error on HMO licence application, wrong box ticked. The case was cited by licensing experts as an example of councils using minor application errors as the basis for financial penalties rather than substantive housing standards failures.

National (NRLA FOI findings). Across 285 English councils, approximately £30 million in civil penalties was imposed on private landlords during 2023/24 and 2024/25. Only £7.5 million, approximately 25 per cent, was collected. London councils collected approximately one third of the penalties they issued.

Regulatory Shifts

Civil penalty ceiling raised to £40,000, in force 1 May 2026. The maximum civil penalty under section 249A of the Housing Act 2004 and section 23 of the Housing and Planning Act 2016 increased from £30,000 to £40,000 with immediate effect. Serious, persistent, or repeat non-compliance can attract the full ceiling. Where a landlord receives two or more civil penalties within a 12-month period, the council may enter their details on the national database of rogue landlords.

Tiered penalty structure for new RRA offences, in force 1 May 2026. The Renters' Rights Act 2025 introduces a two-tier structure. Breaches carry penalties of up to £7,000. Offences carry up to £40,000 or criminal prosecution. A further prior liability within five years triggers a separate criminal offence with unlimited fine exposure.

Rent repayment orders doubled to 24 months, in force 1 May 2026. For qualifying offences committed on or after 1 May 2026, the First-tier Tribunal may award rent repayment orders covering up to 24 months, doubled from the previous 12-month maximum. Qualifying offences include unlicensed HMOs, illegal eviction, and breaches of tenancy duties. Offences before 1 May remain subject to the 12-month cap.

Statutory enforcement duty on local housing authorities, in force 1 May 2026. Section 107 of the Renters' Rights Act places a formal duty on councils to enforce landlord legislation. This is new; prior to the Act, enforcement was discretionary. Combined with investigatory powers active from 27 December 2025, which allow councils to require information from landlords, letting agents, property technology companies, banks, and accountants, councils now hold a materially stronger enforcement position.

Information Sheet obligation: deadline 31 May 2026. All landlords in England with an existing assured tenancy must serve the Renters' Rights Act Information Sheet on all named tenants by 31 May 2026. Non-service carries a civil penalty of up to £7,000.

Borough Watch

Harrow, London. Six new selective licensing designations approved 2 February 2026 covering Edgeware, Greenhill, Marlborough, Roxeth, Wealdstone North, and Wealdstone South. Edgeware and Roxeth commenced 2 May 2026 at a fee of £786 per property. The remaining four designations are scheduled to commence by September 2026.

Brighton & Hove. Cabinet approved a new Private Sector Housing Enforcement Policy on 23 April 2026 aligned to the Renters' Rights Act, with a formalised methodology for calculating civil penalty amounts. Additional tenancy relations officer posts are being created. Brighton & Hove was confirmed as one of five councils nationally with confirmed operational readiness for 1 May.

Royal Borough of Kensington & Chelsea. RBKC ran a public consultation on its draft Housing Enforcement Policy 2026, which closed 26 April 2026. The draft sets out how the borough will exercise new enforcement powers, including civil penalties and criminal prosecution.

Rotherham, South Yorkshire. New selective licensing designation came into effect 15 February 2026 covering designated areas of the borough.

Croydon, London. A new selective licensing scheme is confirmed to commence 1 September 2026 in selected wards. Landlords with affected properties should verify their obligations before that date.

What to Watch Next Month

31 May 2026: Information Sheet deadline. All landlords in England with existing assured tenancies must have served the Renters' Rights Act Information Sheet on all named tenants by this date. Late service carries a civil penalty of up to £7,000.

First RRA enforcement actions under the new penalty framework. From May/June 2026, the first civil penalty notices under the Renters' Rights Act's new offence categories are likely to emerge. Liverpool, Sheffield, Newcastle, Bristol, and Brighton & Hove were the five councils confirmed as operationally ready.

RBKC enforcement policy: publication expected. Following the consultation that closed 26 April 2026, the Royal Borough of Kensington & Chelsea is expected to publish its finalised Housing Enforcement Policy 2026.

Harrow licensing: four further scheme commencements. The Greenhill, Marlborough, Wealdstone North, and Wealdstone South selective licensing designations are scheduled to commence between May and September 2026.

PRS Database: Phase 2 implementation. The government's implementation roadmap includes a national Private Rented Sector property database. This is expected to be introduced in late 2026 or early 2027.