New Local Authority Enforcement Powers: What Landlords Must Know Since December 2024

Since December 2024, local authorities have been granted significant new enforcement powers, directly impacting landlords in areas like Stoke-on-Trent and Crewe. These changes represent a major shift in compliance responsibility.

The new powers include unannounced document requests, increased financial penalties reaching £30,000 per breach, and the ability to ban landlords from letting properties and force rent repayment for serious non-compliance.

Proactive compliance is no longer a best practice; it's a necessity. This guide explains the new enforcement powers, their implications for landlords, and how to ensure compliance.

Understanding the New Enforcement Powers

What Changed in December 2024?

In December 2024, local authorities received expanded enforcement powers under new legislation. These powers fundamentally change how councils can monitor and enforce landlord compliance.

The Shift:

Previously, councils relied on complaints and scheduled inspections. Now, councils have proactive enforcement tools that allow them to demand compliance documentation at any time, without notice.

What This Means:

Landlords can no longer assume they're safe if they haven't received a complaint. Councils can initiate enforcement action proactively, based on their own assessment of risk.

The Three Key Changes

Key Change 1: Unannounced Document Requests

What It Is:

Local authorities can now demand up to a year's worth of compliance documents at any time, without advance notice.

What Documents Can Be Requested:

•Gas safety certificates

•Electrical safety certificates

•Fire safety documentation

•Smoke alarm records

•Legionella risk assessments

•EPC certificates

•Tenancy agreements

•Deposit protection documentation

•Insurance documents

•Maintenance and repair records

•Inspection reports

•Any other compliance-related documents

The Timeline:

Councils can request documents covering the past 12 months. You must provide them within a specified timeframe (typically 7-14 days).

What Happens If You Don't Comply:

Failure to provide requested documents can result in fines and further enforcement action.

Why This Matters:

This power means you must maintain comprehensive, organized compliance documentation at all times. You cannot assume you're safe if you haven't heard from the council.

How to Prepare:

•Maintain organized filing system (physical or digital)

•Keep all compliance documents for minimum 12 months

•Ensure documents are easily accessible

•Have system to quickly compile and submit documents

•Consider using property management software

Key Change 2: Increased Financial Penalties

What It Is:

Local authorities can now issue significantly higher fines for non-compliance.

The Penalty Structure:

•Individual breaches: Up to £30,000 per breach

•Multiple offences: Multiple fines can be issued for multiple breaches

•Repeat offences: Higher penalties for repeated violations

•Serious breaches: Maximum penalties for serious non-compliance

Examples of Penalties:

•Missing gas safety certificate: £30,000

•Missing electrical safety certificate: £30,000

•Missing fire safety documentation: £30,000

•Multiple missing documents: £30,000 × number of breaches

Total Exposure:

A landlord with multiple properties and multiple breaches could face fines totaling £100,000+.

Why This Matters:

The financial stakes are now extremely high. Non-compliance is not a minor issue; it's a serious financial risk.

How to Prepare:

•Ensure all safety certificates are current

•Maintain all required documentation

•Conduct regular compliance audits

•Address any gaps immediately

•Consider compliance insurance

Key Change 3: Banning Orders & Rent Repayment

What It Is:

For serious or repeated non-compliance, local authorities can issue banning orders and force rent repayment.

Banning Orders:

A banning order prohibits a landlord from letting properties in that local authority area. The order can be permanent or for a specified period.

Implications of Banning Order:

•Cannot let any properties in affected area

•Existing tenancies may be affected

•Significant business impact

•Difficult to overturn

Rent Repayment Orders:

A rent repayment order requires a landlord to repay rent to tenants for periods when property was non-compliant.

Implications of Rent Repayment:

•Must repay rent for non-compliant period (up to 12 months)

•Can amount to thousands of pounds

•Significant cash flow impact

•Difficult to recover

Why This Matters:

These are the most serious enforcement tools available. They can effectively end a landlord's business in an area.

How to Prepare:

•Ensure full compliance with all requirements

•Maintain comprehensive documentation

•Conduct regular compliance audits

•Address any issues immediately

•Consider legal advice for complex issues

The Impact on Landlords: What This Means for Your Business

Increased Compliance Burden

The new enforcement powers significantly increase the compliance burden on landlords.

What This Means:

You must now maintain comprehensive compliance documentation and be prepared to produce it at any time. You cannot rely on complaints to alert you to problems.

Practical Implications:

•More time spent on compliance documentation

•More money spent on compliance (certificates, inspections, etc.)

•More risk if documentation is incomplete

•More pressure to maintain perfect records

•More need for professional support

How to Manage:

•Implement systematic compliance process

•Use property management software

•Schedule regular compliance checks

•Maintain organized documentation

•Consider hiring property manager

Increased Financial Risk

The new financial penalties significantly increase your financial risk.

What This Means:

A single non-compliance issue can now result in a £30,000 fine. Multiple issues can result in fines totaling £100,000+.

Practical Implications:

•Non-compliance is no longer a minor issue

•Financial stakes are extremely high

•Insurance may not cover all penalties

•Business viability can be threatened

•Careful compliance management is essential

How to Manage:

•Ensure all safety certificates are current

•Maintain all required documentation

•Conduct regular compliance audits

•Address any gaps immediately

•Consider compliance insurance

Increased Reputational Risk

Non-compliance can now result in banning orders and rent repayment, both of which have serious reputational consequences.

What This Means:

Non-compliance can effectively end your business in an area. This is a serious reputational and business risk.

Practical Implications:

•Banning orders are public record

•Rent repayment orders are public record

•Reputation damage can be permanent

•Business viability can be threatened

•Difficult to recover from serious breaches

How to Manage:

•Ensure full compliance with all requirements

•Maintain comprehensive documentation

•Conduct regular compliance audits

•Address any issues immediately

•Consider legal advice for complex issues

Key Compliance Requirements in Stoke-on-Trent and Crewe

Gas Safety

Requirement:

Annual gas safety inspection by qualified engineer. Certificate must be provided to tenant within 30 days.

Documentation:

•Gas safety certificate

•Proof of tenant notification

•Record of inspection date

Penalty for Non-Compliance:

Up to £30,000 per property

How to Comply:

•Schedule annual inspection (before expiry)

•Use qualified engineer

•Provide certificate to tenant

•Keep copy for records

•Maintain records for 12 months

Electrical Safety

Requirement:

Electrical installation condition report (EICR) every 5 years. Any issues must be remedied.

Documentation:

•EICR certificate

•Proof of remedial work (if needed)

•Record of inspection date

Penalty for Non-Compliance:

Up to £30,000 per property

How to Comply:

•Schedule EICR inspection (every 5 years)

•Use qualified electrician

•Address any issues identified

•Keep certificate for records

•Maintain records for 12 months

Fire Safety

Requirement:

Fire risk assessment for HMOs. Smoke alarms in all bedrooms and communal areas. Regular testing and maintenance.

Documentation:

•Fire risk assessment

•Smoke alarm records

•Testing and maintenance logs

•Proof of tenant notification

Penalty for Non-Compliance:

Up to £30,000 per property

How to Comply:

•Conduct fire risk assessment

•Install smoke alarms in required locations

•Test alarms regularly (monthly recommended)

•Maintain testing records

•Notify tenants of alarm locations

•Keep all documentation

Legionella Risk Assessment

Requirement:

Legionella risk assessment for properties with complex water systems. Regular testing and maintenance.

Documentation:

•Legionella risk assessment

•Testing records

•Maintenance logs

•Proof of remedial action (if needed)

Penalty for Non-Compliance:

Up to £30,000 per property

How to Comply:

•Assess whether property requires Legionella assessment

•Conduct assessment if required

•Implement control measures

•Test water regularly

•Maintain testing records

•Keep all documentation

Energy Performance Certificate (EPC)

Requirement:

Valid EPC before letting property. EPC must be provided to tenant.

Documentation:

•EPC certificate

•Proof of tenant notification

•Record of issue date

Penalty for Non-Compliance:

Up to £30,000 per property

How to Comply:

•Obtain EPC before letting

•Use qualified assessor

•Provide certificate to tenant

•Keep copy for records

•Renew before expiry (valid 10 years)

Deposit Protection

Requirement:

Deposit must be protected in government-approved scheme within 30 days. Prescribed information must be provided to tenant.

Documentation:

•Deposit protection certificate

•Prescribed information document

•Proof of tenant notification

•Record of protection date

Penalty for Non-Compliance:

Up to £30,000 per property

How to Comply:

•Protect deposit within 30 days

•Use government-approved scheme

•Provide prescribed information

•Keep certificate and proof

•Maintain records for 12 months after tenancy ends

Preparing for Compliance Audits

What to Expect

When local authority requests documents, you should be prepared to provide comprehensive compliance documentation quickly.

Typical Request:

"Please provide all compliance documentation for [property address] covering the period [date] to [date]."

What You Must Provide:

•Gas safety certificates

•Electrical safety certificates

•Fire safety documentation

•Smoke alarm records

•Legionella assessments

•EPC certificates

•Tenancy agreements

•Deposit protection documentation

•Insurance documents

•Maintenance and repair records

•Any other relevant documents

Timeline:

Typically 7-14 days to provide all documents.

Building a Compliance System

Step 1: Organize Documentation

Create organized system for storing compliance documents.

Options:

•Physical filing system (organized by property and document type)

•Digital filing system (organized folders on computer)

•Cloud-based system (accessible from anywhere)

•Property management software (automated tracking)

Recommended: Cloud-based or property management software for easy access and backup.

Step 2: Schedule Regular Compliance Checks

Schedule regular checks to ensure all compliance documentation is current.

Recommended Schedule:

•Monthly: Check expiry dates for all certificates

•Quarterly: Conduct full compliance audit

•Annually: Review compliance status for all properties

What to Check:

•Gas safety certificate expiry date

•Electrical safety certificate expiry date

•EPC expiry date

•Deposit protection status

•Fire safety documentation currency

•Legionella assessment currency

Step 3: Maintain Compliance Calendar

Create calendar showing when compliance actions are due.

Key Dates:

•Gas safety inspection due

•Electrical safety inspection due

•EPC renewal due

•Legionella assessment due

•Fire safety review due

•Deposit protection renewal due

Recommended: Use property management software to automate calendar and reminders.

Step 4: Document Everything

Document all compliance actions and communications.

What to Document:

•Date of inspection/certificate

•Inspector/engineer name and qualifications

•Certificate/report details

•Date provided to tenant

•Proof of tenant notification

•Any issues identified and remedial action taken

•Cost and payment details

Recommended: Create template for documenting each compliance action.

Step 5: Conduct Regular Audits

Conduct regular compliance audits to identify any gaps.

Audit Process:

1.List all properties

2.For each property, list all required compliance documentation

3.Check whether each document is current

4.Identify any gaps or expired documents

5.Create action plan to address gaps

6.Implement action plan

7.Document completion

Recommended Frequency: Quarterly

Creating a Compliance Checklist

Property-Level Checklist:

For each property, create checklist of all required compliance documentation.

Compliance Item	Required	Current	Expiry Date	Action Needed
Gas Safety	Yes	Yes	15/03/2026	Renew by 15/03/2026
Electrical Safety	Yes	Yes	20/05/2027	OK
Fire Safety	Yes	Yes	01/02/2026	Renew immediately
Legionella Assessment	Yes	No	N/A	Conduct assessment
EPC	Yes	Yes	10/08/2028	OK
Deposit Protection	Yes	Yes	Current	OK
Insurance	Yes	Yes	01/06/2026	Renew by 01/06/2026

Portfolio-Level Checklist:

Create summary showing compliance status across all properties.

Property	Gas	Electrical	Fire	Legionella	EPC	Deposit	Status
10 High St	✓	✓	✓	✓	✓	✓	Compliant
12 High St	✓	✓	✗	✓	✓	✓	Action Needed
15 High St	✓	✓	✓	✗	✓	✓	Action Needed

Action Plan: Ensuring Compliance

Immediate Actions (This Week)

Action 1: Audit Current Compliance

Conduct full audit of all properties to identify any gaps.

•List all properties

•For each property, list all required documentation

•Check whether each document is current

•Identify any gaps or expired documents

•Document findings

Action 2: Address Critical Gaps

Address any critical gaps immediately.

•Gas safety certificates: Schedule inspection if expired

•Fire safety: Address any issues immediately

•Electrical safety: Schedule inspection if expired

•EPC: Obtain if missing

•Deposit protection: Protect if not already done

Action 3: Organize Documentation

Create organized system for storing compliance documents.

•Choose storage method (physical, digital, cloud, or software)

•Create folder structure

•Transfer existing documents to new system

•Ensure easy access and backup

Short-Term Actions (This Month)

Action 4: Implement Compliance Calendar

Create calendar showing when compliance actions are due.

•List all compliance actions and due dates

•Create reminders for upcoming actions

•Assign responsibility for each action

•Track completion

Action 5: Create Compliance Checklists

Create checklists for property-level and portfolio-level compliance.

•Property-level checklist (for each property)

•Portfolio-level checklist (summary across properties)

•Update checklists monthly

Action 6: Schedule Regular Audits

Schedule regular compliance audits.

•Monthly: Check expiry dates

•Quarterly: Conduct full compliance audit

•Annually: Review compliance strategy

Medium-Term Actions (This Quarter)

Action 7: Implement Compliance System

Implement comprehensive compliance system.

•Choose property management software (if applicable)

•Set up automated tracking

•Train staff on compliance procedures

•Document all compliance processes

Action 8: Obtain Professional Support

Consider hiring professional support for compliance.

•Property manager (handles all compliance)

•Compliance consultant (advises on requirements)

•Solicitor (advises on legal issues)

•Insurance broker (advises on coverage)

Action 9: Review Insurance Coverage

Review insurance to ensure adequate coverage for compliance risks.

•Landlord insurance

•Compliance insurance

•Professional indemnity insurance

•Liability insurance.

Proactive Compliance Is Essential

Since December 2024, local authority enforcement powers have fundamentally changed the compliance landscape for landlords. Proactive compliance is no longer a best practice; it's a necessity.

Key Takeaways:

Local authorities can now demand compliance documentation at any time without notice.

Financial penalties can reach £30,000 per breach, with multiple fines for multiple breaches.

Serious non-compliance can result in banning orders and rent repayment.

Comprehensive, organized compliance documentation is essential.

Regular compliance audits are necessary to identify and address gaps.

Professional support can help ensure compliance.

Landlords who implement systematic compliance processes and maintain comprehensive documentation are well-positioned to manage the new enforcement environment.

Ready to Ensure Compliance?

If you need help understanding the new enforcement powers, conducting compliance audits, or implementing compliance systems, professional guidance is available.

Contact us on WhatsApp: +44 330 341 3063

We can help you:

•Understand the new enforcement powers

•Conduct compliance audits

•Organize compliance documentation

•Implement compliance systems

•Obtain required certificates

•Address compliance gaps

•Prepare for council inspections