Our responses reflect our wider position on landlord licensing: local measures should be based on clear evidence, applied consistently and avoid placing unnecessary burdens on responsible landlords and agents.
Engagement will support compliance
Both consultations demonstrate the growing importance of local authority enforcement as the private rented sector adapts to wider reform.
Clear communication, early engagement and practical compliance support will help responsible landlords and agents meet their obligations, while allowing councils to focus resources on serious and persistent non-compliance. We have offered to support both councils through landlord forums, local events and discussions with Propertymark members.
Licensing expands as penalties increase under Renters’ Rights Act
The first phase of the Renters’ Rights Act 2025 has been in force since 1 May 2026, but local regulation is continuing to develop alongside it. Councils across England are consulting on new selective licensing schemes and planning controls for Houses in Multiple Occupation (HMOs), creating further checks, costs, and responsibilities for agents and landlords.
Bath and North East Somerset: proposed enforcement and penalty policy
We are concerned about high proposed starting penalties, including those for electrical safety, HMO fire safety, amenity standards, and failures to provide documents. A failure to provide paperwork promptly should not automatically be treated in the same way as a failure that has put tenants at risk.
We have asked the Council to ensure that penalties reflect the individual circumstances of each case, including:
- the seriousness of the breach and any actual or potential harm
- whether the breach was deliberate, repeated or isolated
- the landlord or agent’s conduct and compliance history
- prompt remedial action and cooperation with the Council
We also question proposed automatic percentage uplifts for aggravating factors, and for landlord type or financial circumstances. A larger portfolio should not, by itself, mean that an otherwise identical breach attracts a higher penalty. Equally, a missed Council letter should not automatically be treated as deliberate non-cooperation.
We support caps on both aggravating and mitigating adjustments, provided they operate as safeguards rather than automatic changes. We also encourage the Council to use warnings, advice and opportunities to rectify minor or isolated breaches where there is no immediate risk to occupants.
Clear worked examples would help landlords and agents understand how penalties are calculated and how different adjustments interact.
Download the Bath and North East Somerset consultation response
Rental property register rollout begins on 15 December 2026
The UK Government has published details of its new ‘Register your rental property’ service, which will be introduced across England in stages starting this winter. Registration will begin in the West Midlands, with the rest of England following on a regional timetable. Propertymark is in continued contact with officials from the Ministry of Housing, Communities and Local Government (MHCLG) to clarify the role of agents in the process and to directly raise questions and concerns from our members.
Gosport: stronger protections must come with practical guidance
We recognise that the proposed policies set out important protections for tenants. However, the documents shared by Gosport Borough Council contain substantial legal and technical detail, making them difficult to follow. We recommend that plain-English summaries, checklists, and worked examples should be provided for tenants, landlords, and agents.
The policies should also reflect the updated Housing Health and Safety Rating System, which came into force in June 2026. We have asked the Council to explain clearly how the reformed system will be used to assess hazards and decide on enforcement action.
As with Bath and North East Somerset, we urge Gosport to distinguish clearly between serious or persistent breaches and lower-level administrative errors. Financial penalties should take account of harm, risk, culpability and the steps taken to put matters right. Enforcement should not become disproportionate when several sanctions apply to the same person or business.
We also highlighted the importance of explaining the tenant journey in practical terms. Tenants should be able to understand when to contact the Council, what evidence they may need and what help or action they can expect.
Download the Gosport consultation response
Local Authority Investigatory Powers
From 27 December 2025, local housing authorities in England will have powers to investigate potential breaches of housing law by landlords, agents, and others involved in the private rented sector, allowing them to request information, seize documents, and enter business premises under certain circumstances.
