Croydon Council has approved a new Private Sector Housing Enforcement Policy aimed at strengthening tenant protections and ensuring landlord compliance with new statutory duties. The policy, adopted by the council's Cabinet on Wednesday 29 July 2026, integrates existing enforcement measures with the requirements of the Renters' Rights Act 2025 (RRA25).

The RRA25, which came into effect on 1 May 2026, introduced new duties for local authorities to enforce legislation governing landlords. These duties relate to breaches and offenses under the RRA25, the Housing Act 2004, and other applicable landlord legislation. The Act also brought about major changes to the private rented sector tenancy regime, including the end of shorthold tenancies and no-fault eviction provisions, the transition to periodic tenancies, new rental discrimination provisions, regulations on rent increases, and protections regarding letting agents' fees.

The new policy seeks to protect tenants' rights, maintain building standards and safety, and support wider strategies for health, homelessness prevention, and the availability of decent homes in the private rented sector. It will be resourced through New Burdens grant funding, with ongoing costs to be managed within existing budgets and through income generated from civil financial penalties. The introduction of the policy has benefited from New Burdens grant from central Government of £323,000, which will be used to resource the team required to deliver the new policy.

Councillor Lynne Hale, Deputy Mayor and Cabinet Member for Homes, stated that the policy would strengthen the Council's zero tolerance enforcement approach, as well as being required to comply with new statutory enforcement duties.

Under the new policy, the Council will have expanded investigatory powers and the ability to issue civil financial penalties for various breaches and offences. These include:

  • Unlawful eviction and harassment of occupier as defined under the Protection from Eviction Act 1977
  • Failure to comply with an Improvement Notice [s30 Housing Act 2004]
  • Offences in relation to licensing of Houses in Multiple Occupation (HMOs) [s72 Housing Act 2004]
  • Offences in relation to the Selective Licensing of 'houses' [s95 Housing Act 2004]
  • Failure to comply with an Overcrowding Notice [s139 Housing Act 2004]
  • Failure to comply with a management regulation in respect of an HMO [s234 Housing Act 2004]
  • Offences in relation to Regulation 3 of the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
  • Failure to comply with a banning order [s21 Housing and Planning Act 2016]
  • Failure to give a written statement of terms under section 16D of the Housing Act 1988
  • Failure to give an existing tenant information about changes made by the Renters' Rights Act under paragraph 7(2) of schedule 6 to the Renters' Rights Act 2025
  • Attempting to let a property for a fixed term under section 16E of the Housing Act 1988
  • Attempting to end a tenancy orally or by service of a notice to quit under section 16E of the Housing Act 1988
  • Serving an eviction notice that attempts to end a tenancy outside the prescribed section 8 process under section 16E of the Housing Act 1988
  • Relying on a ground where the landlord does not reasonably believe that the landlord is/will be able to obtain possession under section 16E of the Housing Act 1988
  • Relying on a ground knowing the landlord would not be able to obtain possession or being reckless as to whether they would under section 16J of the Housing Act 1988
  • Failing to provide a tenant with prior notice that a ground which requires it may be used under section 16E of the Housing Act 1988
  • Reletting or remarketing a property before expiry of the 12 month no-let period after using the moving and selling grounds under sections 16E and 16J of the Housing Act 1988
  • Discriminating against prospective tenants during the letting process on the grounds that those tenants are in receipt of benefits or have children under sections 33 and 34 of the Renters' Rights Act 2025
  • Marketing a letting without stating the proposed rent under section 56 of the Renters' Rights Act 2025
  • Inviting, encouraging or accepting any offer of rent greater than the stated rate under section 56 of the Renters' Rights Act 2025
  • Failure by the responsible person to secure the removal of a Category 1 hazard at qualifying premises, where it would have been reasonably practicable for them to do so under Section 6A of the Housing Act 2004.

For more serious offences, criminal prosecution remains an option, potentially leading to financial penalties or custodial sentences.

The Council's expanded investigatory powers under the policy include the power to investigate under S114 and S115 of the RRA25, requiring relevant persons to provide specified information. The Council can also compel information under S235 of the Housing Act 2004 and S16 of the Local Government (Miscellaneous Provisions) Act 1976, requiring individuals to provide documents or details of their interest in a property and its occupiers. Officers can enter business premises without a warrant under S118 of the RRA25 for document production or seizure, and can enter residential premises with a warrant under S121 of the RRA25 if necessary. Documents can be seized and detained under S123 of the RRA25 if reasonably suspected to be evidence of a breach or offence. Entry to residential premises is also permitted under S126 of the RRA25 with at least 24 hours' notice.

The policy also outlines the Council's approach to Rent Repayment Orders (RROs) and Banning Orders against landlords who commit serious offences. Part 2 of the Housing and Planning Act 2016 permits the Council to seek an RRO at the First Tier Tribunal Property Chamber, requiring a landlord to refund rent to tenants or the Council. The Council has a duty to consider RRO applications in response to all qualifying offences where sufficient evidence exists. Qualifying offences include unlawful eviction and harassment, failure to comply with an Improvement Notice, offences related to unlicensed HMOs or houses, breach of a Banning Order, and certain tenancy reform requirement breaches. The Council can also assist tenants in applying for RROs.

Under Part 2, Chapter 2 of the Housing and Planning Act 2016, the Council can apply for a Banning Order against a person convicted of one or more relevant offences. A Banning Order prevents the landlord from letting housing in England, engaging in English letting agency work, engaging in English property management work, or doing two or more of these things. The Council may consider a Banning Order for more serious offenders, taking into account the seriousness of the offence(s), any history of offences or civil penalties, failure to comply with obligations, and the harm caused to the tenant.

The policy will be reviewed every two years to ensure its continued effectiveness and compliance with evolving legislation. The decisions of the Cabinet meeting can be found in the Decisions 29th-Jul-2026 Cabinet document, with further details available in the Public reports pack 29th-Jul-2026 Cabinet.