Proposed new enforcement policy reflecting stronger powers under the Renters’ Right Act

Proposals for a new Private Sector Housing Enforcement Policy will be considered by the council’s Cabinet on 23 April. 

The aim is to update our existing policy in line with new national legislation under the Renters’ Rights Act coming into effect on 1 May, which will give councils stronger powers to support tenants and enforce landlords compliance.  

Improving property conditions  

The private rented sector is an important source of housing in Brighton & Hove with around a third of homes in the city rented privately, compares to 20% nationally in England.

In some wards in the city, more than half of homes are privately rented. 

Our current Private Sector Housing (PSH) Enforcement Policy was published in 2020 and needs updating because the act places new duties on councils to enforce a broader range of landlord obligations. 

This includes new compliance requirements, enhanced penalties for repeat or serious non-compliance, and clearer expectations that enforcement activity is fair, consistent and proportionate  

The proposal is to provide an overarching PSH enforcement policy for the council covering tenancy reforms as well as disrepair.   

It will provide a legal framework for addressing unsafe conditions, holding landlords accountable through action like statutory notices, and improving property conditions.  

As well as the Renters’ Rights Act, it will cover other legislation including the Building Safety Act, Electrical Safety Standards regulations, and our property licensing schemes.

Stronger powers for early intervention  

Planned changes to our policy and approach include:  

  • Stronger enforcement powers for the council to intervene early and take formal action where landlords do not comply with their duties, fail to keep properties in a decent standard or carry out illegal evictions or harassment of tenants
  • Additional council tenancy relation officer posts to respond to issues of illegal eviction and harassment 
  • A more robust approach and consistent method to setting fines for landlords for breaches of legislation 

Councillor Gill Williams, Cabinet Member for Housing, said: “The Renters’ Rights Act gives local authorities more teeth in the private rental sector. It is about supporting landlords to provide good homes and helping tenants when things go wrong. 

“We’re proposing to update our Private Sector Housing Enforcement Policy to ensure it provides robust, consistent and fair enforcement under the new act and other supporting legislation. 

“We have a lot of good landlords in the city and this will not affect them, but it gives us more powers to take action where landlords do not manage their properties and their tenancies properly.

“These new regulations are very welcome and we are pleased to confirm we’ve now had our ‘new burdens’ funding of around £325,00 confirmed for this coming year. 

“This will support us to deliver phase 1 and phase 2 of the act, allowing us to build on our continuing work to improve homes for everyone in Brighton & Hove’s private rented housing sector.”

Renters’ Rights Act

The Renters' Rights Act was passed by parliament in October last year and brings significant changes to the private rented sector. 

It gives councils greater powers to investigate landlords and enforce compliance, and higher fines and penalties will be introduced for breaches of rental laws. 

The first phase relating to tenancy reform will come into force on 1 May 2026. The rest of the act will follow in 2 further stages.

Core rights for tenants will change from 1 May 2026 meaning:

  • you cannot be evicted without a valid legal reason
  • your tenancy will be periodic (rolling) with no fixed end date
  • there will be a maximum of 1 rent rise per year, with 2 months’ notice
  • you can challenge unfair rent increases via tribunal
  • landlords cannot discriminate based on benefits or having children
  • you can request to keep a pet, and refusal must be reasonable 

Landlords and letting agents should: 

  • stay up to date with the information on the government website 
  • be ready to update your tenancy agreements, notices and documents in line with the new requirements 
  • carry out regular property inspections to ensure ongoing compliance 
  • develop a clear record-keeping system to track compliance
  • consider engaging with professional landlord associations to stay informed and receive guidance 

Landlords must also provide tenants with the government’s official Information Sheet explaining how their tenancy has transitioned to the new system by 31 May 2026. 

If the tenancy is entirely verbal, landlords must also provide a written record of specific terms by 31 May 2026.  

There are also specific requirements for landlords of student properties to serve a written statement by 31 May 2026 if they are intending to use the new ‘Ground 4A’ to repossess property for new students. 

As well as enforcing elements of the new act, Trading Standards Officers will be out visiting all letting agents in the city to ensure that they are aware of their new obligations and are supporting their landlord customers to comply with the new requirements.

For more information, visit www.brighton-hove.gov.uk/renters-rights-act    

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