Councils no longer giving landlords second chances

Councils no longer giving landlords second chances


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Landlords have been given an action plan to avoid falling victim to over-zealous local council enforcement.

Landlord Licensing & Defence claims that under new powers within the Renters Rights Act, councils are not necessarily issuing warnings if landlords make errors – some are taking legal action immediately. 

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It is pointing to Portsmouth City Council’s message sent out last week to landlords on its licensing database.

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The language being used is stark and the same policy shift is being adopted by councils across England, meaning no landlord, regardless of location, is immune.

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Landlord Licensing & Defence says that the era of the “advisory letter” is over as councils are now operating under a fundamentally different enforcement regime — and most landlords have no idea what’s coming through their letterbox.

Phil Turtle, a director of the firm, says: “Under the previous enforcement framework, some councils would typically issue a warning or advisory notice before escalating to formal action. 

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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.’

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

Penalties now reach £7,000 for certain minor breaches and up to £40,000 for the most serious offences.

Crucially, multiple fines can be issued simultaneously where multiple breaches are identified, meaning a single inspection could result in combined penalties running into tens of thousands of pounds.

The new regime also introduces many new tenancy-related offences covering how tenancies are set up, managed and ended, as well as prohibitions on tenant discrimination which are areas many landlords have not yet had the opportunity to fully understand, let alone comply with.

Turtle continues: “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.”

Landlord Licensing & Defence urges all landlords to take immediate action:

  • Audit your compliance across all properties — particularly regarding hazards, tenancy documentation, advertising practices, and how you select and manage tenants;
  • Understand the new tenancy offences introduced by the Renters’ Rights Act 2025, including rules on how tenancies are set up, managed and ended;
  • Keep meticulous records — evidence of compliance is your primary defence if a council investigates;

• • Do not ignore council correspondence — failure to respond or cooperate is itself grounds for enforcement action under the new policy.

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