Each breach or offence is assigned a starting penalty amount based on its seriousness.
Seriousness is determined by the inherent level of potential or actual harm associated with the breach or offence, as well as the intrinsic culpability involved. Case-specific circumstances will not form part of the assessment of seriousness at Step 1 but will be considered separately as aggravating or mitigating factors at Step 2.
Nationally set starting penalties
The government have set national starting levels for a number of offences. They are presented for information in tables 1 and 2 below. As these are set by UK Government, they are outside of the scope of this consultation.
Table 1: Nationally set starting penalty for offences set from the statutory guidance
| Offence |
Starting Penalty |
| Protection from Eviction Act 1977 |
| Unlawful eviction and harassment |
£35,000 |
| 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 |
£30,000 |
| Reletting or remarketing a property within the 12-month no-let period after using the moving or selling grounds |
£25,000 |
| Continuing breach or repeat breach within 5 years of penalty for first relevant breach. |
Double the starting level for the two constituent breaches added together |
| Housing Act 2004 |
| Failure to comply with an improvement notice |
£25,000 |
| Mandatory House of Multiple Occupation (HMO) unlicensed |
£17,000 |
| Additional HMO unlicensed |
£17,000 |
| Knowingly permitting over-occupation of an HMO |
£20,000 |
| Property subject to selective licensing unlicensed |
£12,000 |
| Failure to comply with an overcrowding notice |
£20,000 |
| HMO Management Regulations |
| Failure to provide information to the occupier |
£3,000 |
| Failure to take safety measures |
£20,000 |
| Failure to maintain water supply and drainage |
£10,000 |
| Failure to supply and maintain gas/electricity or supply gas safety certificate |
£12,000 |
| Failure to maintain common parts |
£7,000 |
| Failure to maintain living accommodation |
£7,000 |
| Failure to provide adequate waste disposal facilities |
£7,000 |
| Housing and Planning Act 2016 |
| Breach of a banning order |
£35,000 |
Table 2: National set starting penalty for breaches set from the statutory guidance
| Breach |
Starting Penalty |
| Housing Act 1988 |
| Attempting to let the property for a fixed term |
£4,000 |
| Attempting to end the tenancy by service of a notice to quit |
£6,000 |
| Attempting to end the tenancy orally, or require that it is ended orally |
£6,000 |
| Serving a possession notice that attempts to end the tenancy outside of the prescribed section 8 process |
£6,000 |
| Relying on a ground where the person does not reasonably believe that the landlord is/will be able to obtain possession |
£6,000 |
| Failing to provide a tenant with prior notice that a ground which requires it may be used |
£3,000 |
| Failing to issue a written statement of terms within 28 days of an assured tenancy coming into existence |
£4,000 |
| Failing to provide an existing tenant with prescribed information about changes made by the Renters’ Rights Act (paragraph 7 of schedule 6 to the Renters’ Rights Act 2025) |
£4,000 |
| Renters’ Rights Act 2025 |
| Discrimination against those on benefits or with children in the lettings process |
£6,000 |
| Failure to specify proposed rent within a written advertisement or offer |
£3,000 |
| Inviting, encouraging or accepting any offer of rent greater than the advertised rate |
£4,000 |
Continuing or repeat breaches
Certain continuing breaches or repeat breaches of landlord’s duties under assured tenancies (under sections 16J(3) and (4) of the Renters’ Right Act 2025) will become an offence and the maximum penalty will increase from £7,000 to £40,000.
Continuous or repeat breaches in relation to rental discrimination and rental bidding do not become offences, but where an offender commits a continuous or repeat breach of the same legislative provision additional civil penalties can be issued.