Decision details

Delegation of enforcement and investigatory powers granted to the Council by the Renters Rights Act 2025 to the Director of Public Health

Decision Maker: Chief Executive

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

On the 27th October 2025 The provisions of the Renters Rights Bill received Royal Assent and became law as the Renters Rights Act 2025. The act contains a number of measures to improve the rights of tenants and raise the standards of private rental properties.

The Government have announced that the first phase of the provisions relating to Section 21 “no fault” evictions, discriminatory letting practices and the provision of more secure tenancy agreements will come into force from 1st May 2026. In preparation for the implementation of these provisions new enforcement and investigatory powers for local authorities will come into force from December 27th 2025. These provisions will include enhanced investigatory powers to deal with existing offences such as illegal eviction.

There is currently no provision within the constitution to enable these new powers to be delegated to officers. The council needs to be in a position to enforce these provisions as soon as they come into force to ensure that tenants in the private rental sector are protected from illegal eviction and unfair or discriminatory letting practices, particularly during this interim period prior to 1st May 2026 when the new measures will become law.

This proposal is a procedural formality to enable powers granted to the Council by the Renters Rights Act 2025 to be delegated to officer so they can be enforced.

In addition to enforcement of the Renters Rights Act 2025 these new powers will provide new and enhanced powers to support enforcement of existing legislative provisions relating to rental property. These provisions include;

Protection from Eviction Act 1977
Housing Act 1988
Enterprise and Regulatory Reform Act 2025
Housing and Planning Act 2016
Housing Act 2004


Reasons for the decision:

Amendments to the constitution and the officer scheme of delegation would normally only be made by Council. This would normally follow a recommendation from the Executive Board. It was originally intended that this matter be considered by Council on 3rd December 2025 but was not included on the Agenda.

Due to the short time period between Royal Assent and the new powers coming into force there is insufficient time to follow this standard process or for the matter to wait until the next Council meeting in March 2026.

Alternative options considered:

Amendments to the constitution and the officer scheme of delegation would normally only be made by Council. This would normally follow a recommendation from the Executive Board. It was originally intended that this matter be considered by Council on 3rd December 2025 but was not included on the Agenda.

Due to the short time period between Royal Assent and the new powers coming into force there is insufficient time to follow this standard process or for the matter to wait until the next Council meeting in March 2026.

Publication date: 12/12/2025

Date of decision: 10/12/2025