Selective Licensing Inspections: What Landlords Need to Know!

For landlords operating in a selective licensing area, receiving notification of a routine council inspection is becoming increasingly common.

As responsible landlords, we should always cooperate with legitimate requests from the local authority. However, cooperation does not mean ignoring the legal rights of either the landlord or the tenant. Understanding the rules surrounding inspections can help ensure that any visit is carried out correctly, lawfully, and with appropriate respect for the rights of everyone involved.

You may be surprised to learn that a selective license does not give the council unrestricted access to a property. Nor does it place a duty on the landlord to guarantee access on behalf of a tenant. The council must follow the correct statutory procedure, and tenants continue to enjoy important legal protections regarding their home.

A Licensed Property Is Still a Tenant's Home

Once a tenancy has been granted, the property becomes the tenant's home.

The tenant has a legal right to quiet enjoyment and privacy. Whilst landlords should communicate positively with their tenants and encourage cooperation where appropriate, it is important to remember that tenants do not lose these rights simply because a property is subject to selective licensing.

Any request for inspection should therefore be approached professionally, with proper communication and respect for the legal rights of all parties.

What Powers Does the Council Have?

Section 239 of the Housing Act 2004 gives local authorities the power to enter residential premises provided they give at least 24 hours advance notice to occupiers, and to owners (excepting HMOs), unless investigating three specific offences.

Similar powers are provided by Section 63 of Renters Rights Act 2025 for councils to investigate suspected unlawful eviction, or offences relating to the PRS register (when those become applicable).

Section 239 Powers

Subject to the notice requirements, council officers may enter a residential premises at any reasonable time when they consider a survey or examination necessary when any of three specific circumstances apply:

• Inspection under section 4 powers is considered necessary;

• Premises are subject to improvement notices or prohibition orders; or

• Premises are under interim or final management orders.

  
  

General notice requirement

A minimum of 24 hours’ notice must be given in writing to both the owner (if known) and any occupier before entry, unless investigating specified offences.

Authorised officers must carry written authorisation specifying the purpose of entry.

Offences - when is notice not required?

Councils may enter a property without prior notice when investigating specified offences. That is to check whether unlicensed premises should be licenced under either Selective or HMO licencing, or (in the case of an HMO only) to check HMO management regulations are being complied.

Advance notice to owners is not required in the case of HMOs, but if not given in advance, notice of entry must be provided afterwards stating when the premises were entered and the purpose of that entry.

An occupant can waive their right to notice, for example if they are actively inviting the council to inspect. But, where there are multiple occupiers, all occupiers must waive their right to notice for the entry to be lawful on that basis.

Limitations

Section 239 does not permit the use of force or deception by an officer to gain entry.

Section 239 does not compel the owner or the occupier to assist officers or facilitate entry in any way.

However, it is an offence to obstruct an officer exercising an authorised section 239 entry. So, for example, if the front door of the premises has been opened by the tenant, closing it or blocking the way might be construed as an offence (subject to a civil penalty of up to £2,500).

Statutory intent & rights

Clearly, the notice requirement exists because Parliament intended both affected parties to receive notice of a proposed inspection because entry of private property and a private home is an interference with fundamental rights; and for the action to be proportionate, the parties must be provided with an opportunity to prepare.

Tribunals have previously criticised local authorities where the correct notice procedures have not been followed.

Rights of affected parties are rarely at the forefront of an officer’s mind. Landlords should not assume that receipt of a request for access implies that all statutory requirements have or will be met and their tenants rights properly respected.

Entry by force

Section 239 does not provide for entry by force or deception.

However, section 240 allows council officers to seek a warrant from a justice of the peace authorising entry by force if necessary, that is, when reasonably required and not otherwise achievable through section 239 powers. Similar provisions are provided also in Renters Rights Act 2025.

Ask the Council to Confirm Important Details in Writing

If the council contacts you regarding an inspection, it is entirely reasonable to request confirmation in writing of:

• Whether a formal Section 239 notice will be issued?

• The date the notice was/will be served.

• Whether notice has also been served on the occupier and how?

• What is the Purpose of the inspection?

• Whether the council intends to rely upon occupier consent or statutory powers of entry.

• The statutory basis upon which entry is sought?

• Whether the inspection is routine, complaint-led, or part of another enforcement investigation.

  
  

Obtaining this information in writing creates a clear audit trail and helps ensure that the correct procedures are being followed. A professional landlord should always keep a written record of important communications.

There is nothing confrontational about asking these questions. You're simply seeking confirmation that the correct process has been followed.

Whose responsibility?

Many landlords receive an inspection request and immediately assume that a lawful basis for entry by the officer(s) is already in place. Receiving notice is not the same as having confirmation of the tenant’s consent or knowledge that another lawful basis exists.

Notifying a landlord of an intended inspection is appropriate on the part of the council. Attending the property at the time of the inspection is an appropriate thing for a landlord to do. Still, landlords should be very careful not to facilitate access unless the tenant has expressly authorised them to do so.

The responsibility for obtaining lawful access rests with the authority seeking to carry out the inspection.

A rule of thumb

If the occupier has not given you permission to facilitate entry by unlocking the door, do not assume that consent or another lawful basis for the officer’s entry exists.

What Should a Landlord Do When an Inspection Request Arrives?

1. Check the Details

Review:

• Who is requesting access.

• The purpose of the inspection.

• The proposed date and time.

• The legal basis for the inspection.

  
  

2. Request Information in Writing

Ask the council to confirm:

• That Section 239 requirements have been complied with.

• When notice was served.

• Whether the occupier has been notified.

• Whether access arrangements have already been agreed.

3. Inform the Tenant

Ensure your tenant is aware of the request and encourage open communication.

4. Keep Records

Maintain copies of:

• Emails.

• Letters.

• Notices.

• Telephone notes.

• Access requests.

• Council responses.

A clear paper trail is often invaluable if any dispute later arises.

5. Avoid Making Assumptions

Do not assume:

• The tenant has received notice.

• The tenant has agreed to access.

• The council has already spoken to the tenant.

• A lawful basis for entry by the officer(s) exists.

Instead, ask for the relevant information.

Practical Template Email

Dear Officer,

Thank you for your email regarding the proposed inspection.

Before confirming any arrangements, please would you confirm in writing:

• The statutory basis upon which entry is sought?

• Whether a Section 239 notice has been issued or will be issued?

• The date it was served or will be served on both the owner and occupier.

• Whether the occupier has been notified of the proposed inspection?

• Whether access has been agreed with the occupier already?

• Whether this is a routine licensing inspection, complaint-led inspection, or part of another enforcement investigation.

I look forward to hearing from you.

Kind regards

Final Thoughts

Most landlords are happy to cooperate with legitimate inspections. Equally, there is nothing unreasonable about ensuring that the correct legal process is followed.

Responsible landlords should work constructively with local authorities, maintain good communication with tenants, and keep clear records throughout the process. At the same time, landlords should remember that:

• A selective licence does not remove a tenant's rights to privacy and quiet enjoyment.

• Section 239 generally requires notice to be given to both landlord and occupier before any inspection.

• The council's powers of entry is not unconditional.

• Section 239 does not provide for entry by force or deception, that includes an officer making any statement that exaggerates what powers they have.

• Notification of an inspection does not mean that a lawful basis for entry exists.

• Landlords are entitled to ask the council to explain, in writing, the legal basis for any proposed entry and inspection.

Understanding these principles helps ensure that inspections are carried out fairly, lawfully, and with proper respect for the rights of everyone involved.

Never assume access has been agreed simply because the council has contacted you. Ask the right questions, get the answers in writing, and keep it on file.

A Note on Procedural Fairness

Landlords are rightly expected to comply with an increasingly complex framework of statutory obligations. Whether relating to licensing, safety requirements, prescribed information, or tenancy management, failure to follow the correct legal process can lead to significant enforcement action.

It is therefore entirely reasonable to expect local authorities to adhere to the same standards of procedural compliance.

Requesting confirmation that the correct notices have been served, that the appropriate statutory powers are being relied upon, and that legal requirements have been satisfied should not be viewed as obstruction. Rather, it is a legitimate exercise of due diligence.

The rule of law applies equally to regulators and the regulated. If landlords are expected to follow the correct procedures, it is only right that councils do likewise. Ensuring that statutory requirements have been met protects landlords, tenants and local authorities alike, and promotes confidence in the enforcement process.