Consultation on a new civil penalty policy for private housing related offences and breaches

Step 1: Determine the seriousness of the breach or offence

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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.