Council information demands target landlords
12:09 AM, 13th November 2026, 1 hour ago
Landlords can be required to compile fresh tenancy records for council investigators, rather than simply hand over documents already in their files, one leading property lawyer warns.
David Smith says he is seeing more notices served on landlords and agents under section 114 of the Renters’ Rights Act.
The power covers those who owned, let, managed or marketed the accommodation during the preceding 12 months, including people whose involvement has ended.
Unlike the separate power under section 115, Mr Smith says officers do not need reasonable grounds to suspect a breach before issuing a section 114 notice.
Council notice deadlines
He said: “In practice, most of the notices I am seeing give either 14 or 28 days.
“That is tight, particularly where the notice requires documents to be created rather than simply copied, or where the information sits with a former agent.”
Mr Smith added: “So these notices should be diarised the day they arrive and read straight away to work out whether the deadline is achievable.
“If it is not, an extension should be sought, and this should be done politely and early.”
Landlord information requests
A notice must state that it is issued under section 114 and explain the possible consequences of failing to comply.
Requests can include schedules of tenancies, rent histories, lists of properties managed or a written account of events.
Mr Smith, who works for Bishop & Sewell, explains that failing to comply with a properly imposed requirement without reasonable excuse is an offence carrying a fine of up to £1,000 on summary conviction, as is knowingly or recklessly making a materially false or misleading statement.
The notice may also mark the start of an investigation leading to further penalties or prosecution under the legislation concerned.
Tenant data disclosure
Mr Smith says GDPR does not prevent landlords and agents from supplying tenant information required by a valid section 114 notice, because complying with a legal obligation provides a lawful basis for processing.
However, recipients should provide what is requested, keep a record of their response and check that the council has authorised the officer in writing.
The powers do not extend to material protected by legal professional privilege, and the Act preserves the right not to provide information that might incriminate the recipient.
Mr Smith stresses that these protections need to be applied carefully to the particular request and advises anyone receiving a notice to seek advice early.
