Housing Enforcement Policy 2026

Last updated June 2026

1. General

2. Areas of Enforcement

3. Purpose

4. Principles of Enforcement

5. Enforcement Options

6. Accountability and Liaison with Businesses

7. Costs of Enforcement, licensing and other activities

8. Rent Repayment Orders

Appendix 1

Appendix 2

Appendix 3

1. General

1.1The content of this policy will be revised as necessary to meet changing circumstances and the Policy shall be reviewed by Officers at least every three years and proposed amendments shall be approved through the appropriate mechanism.

1.2 All relevant officers are required to support and comply with the Enforcement Policy for Housing.

1.3 The Enforcement Policy takes into account and complies with the provisions of The Regulators’ Code 2014 where applicable.

1.4 This Enforcement Policy takes into account the guidance set out in the ‘Code for Crown Prosecutors’.

1.5 The Council recognises that there are many situations where there is a shared or complementary role with other agencies. All relevant officers of the Housing Section will work together with other agencies to ensure that the best possible outcome is achieved within the terms of this Policy. This will require actively seeking collaboration with agencies such as the Police, Fire Authority, Magistrates Courts, Trading Standards, Health and Safety Executive as well as internal colleagues of the Council such as Development Control, Building Control and Legal Services. This list of agencies is indicative but it is by no means exhaustive.

1.6 This Policy is available to the public on request and is also available on the Council’s website www.wyreforestdc.gov.uk. Any comments on the enforcement policy can be made to the Director of Housing and Planning as service lead.

1.7 The Council agrees that effective and well targeted regulation is essential in promoting fairness and protection from harm. However, the Council agrees that, in achieving these and other legitimate objectives, regulation and enforcement should be proportionate and flexible enough to allow, or even encourage, economic progress.

1.8 This Policy is monitored for compliance by the Council’s Corporate Leadership Team.

2. Areas of Enforcement

Areas of enforcement where this Enforcement Policy applies are:

Housing Law
Caravan Sites Licensing
Public Health
Household Drainage
And all further activities related to the above

3. Purpose

To ensure that enforcement decisions will be fair, consistent and undertaken in an open manner appropriate to the risk posed by non-compliance. In particular, in responding to non-compliance that officers identify, we will clearly explain what the non-compliant item or activity is, the advice being given, actions required or decisions taken, and the reasons for these. Where the risk is not significant and imminent and therefore requiring immediate formal action, we will provide an opportunity for dialogue in relation to the advice, requirements or decisions, with a view to ensuring that they are acting in a way that is proportionate and consistent.

4. Principles of Enforcement

The Council’s approach to Enforcement of the law will be informed by the principles of;

Proportionality in applying the law and securing compliance
Consistency of approach
Transparency about how the Council, as a regulator operates, and what those regulated may expect
Targeting, using risk assessment to channel resources into high risk areas
Helpfulness, as the Council believe that prevention is better than cure and will attempt to alter the behaviour of the offenders
Procedures to deal with complaints of poor, inappropriate or non-existent service will follow the Council’s “Let Us Know” policy
It must be in the public interest to prosecute

The Renters’ Rights Act and the ‘Landlord Legislation’ (as defined by S107) sit outside of the Regulators’ Code, and its provisions do not apply. Part 1 of the Housing Act 2004 is also outside of the code’s scope. However the Regulators’ Code and the principles of good regulation will be applied as appropriate to other legislation referred to in this policy and to the following:

Parts 8, 9 and 10 of the Housing Act 1985
Part 8 of the Housing Act 1996
Parts 2 to 5 of the Housing Act 2004

4.1 Proportionality

Proportionality means relating enforcement action to the risks. Those whom the law protects and those on whom it places duties can expect that action taken by the Council to achieve compliance will be proportionate to any risks to public health or the environment and to the seriousness of that risk.

4.2 Consistency

Consistency of approach does not mean uniformity. It means taking a similar approach in similar circumstances to achieve similar aims. The Council will also work closely with other enforcement agencies in its efforts to achieve consistency.

4.3 Transparency

Transparency means that the Council undertakes to help those regulated to understand what is expected of them and what they in turn can expect from the Council. It also means making clear to those regulated not only what they have to do but where this is relevant, what they don’t have to do. In other words, the Council will distinguish clearly between statutory requirements and advice or guidance what is desirable but not compulsory. General information and advice will be provided in clear and concise language using a range of appropriate formats and media.

4.4 Targeting

Targeting means making sure that inspections are targeted primarily towards those activities where they would be most effective by assessing the risks to their regulatory outcomes. The Council will ensure that the risk assessment proceeds and informs all aspects of its approach and regulatory activity, including:

Data collection and other information requirements
Inspection programmes
Advice and support programmes
Enforcement and sanctions

Risk assessments will be carried out according to the principles contained within ‘The Regulators’ Compliance Code’. Higher risk activities such as Houses in Multiple Occupation will naturally receive more attention than single let properties. Landlords who have a history of failing to comply with legal requirements can expect their properties to be pro-actively targeted for inspection. Caravan sites that are larger and/or have a history of not-meeting site licence requirements can expect to be visited more frequently.

4.5 Helpfulness

The Council believes that part of its role is working actively with any person affected by its services to advise on and assist with compliance. The Council will provide a friendly, courteous, easily contactable, effective service which will deal promptly with service requests whilst minimising unnecessary overlaps and time delays.

4.6 Standards

The Council has corporate standards setting out the level of service and performance which the public and business proprietors can expect to receive. Routine complaints and enquiries will be responded to within 5 working days whenever possible given resources available and staff will prioritise resources and response based on perceived relative risks. Before officers contact landlords regarding property standards complaints, they will normally expect the tenant to have reported the concerns to the landlord and given two weeks for the landlord to respond before the council will contact the landlord – they will advise the tenant of this process as part of routine complaints.

A response for urgent works is expected to be within 2 days. Where there is urgent work required (for example loss of heating in winter, hot water or electricity) and a landlord is not responding the council will endeavour to make contact directly with the landlord within 2 working days and would expect a landlord to respond to the issues within 2 days.

The council does not commit to inspect all properties where a complaint has been made by the tenant, especially where the landlord appears to be making reasonable endeavours to resolve. Officers will keep under review whether an inspection is required to ensure compliance for property standards or not, however a failure to respond within two weeks to the council, demonstrating arrangements to address the issues raised, will normally result in an inspection being arranged within the next 2 weeks subject to tenant availability.

The Council will prioritise and may inspect sooner where a landlord is failing to respond to reasonable requests from a tenant or the council in a reasonable time or where there is a history of non-compliance of the property or landlord or an indication of poor standards beyond ordinary wear and tear and accidental damage.

If capacity allows, officers will pro-actively identify properties with potentially poor standards to be targeted for inspection. Where poor standards are identified in one rented property, officers will consider targeted inspections of other properties rented by the same landlord or properties that appear to have similar characteristics for example if fire safety is a concern in one flat in a block, all flats will be reviewed.

Any property inspection will result in a report of any identified defects, works required and relevant hazards they relate to being issued to the landlord and tenant within 2 weeks normally, along with any relevant notice and statement of reasons for any action being taken. As well as this enforcement policy, officers will follow relevant government guidance, for example on enforcement of the Housing, Health and Safety Rating System and the Renters’ Rights Act 2005.

4.7 Complaints Procedure

The Council has published details of its Corporate Complaints Procedure “Let Us Know”. The procedure is aimed at dealing effectively with complaints of poor, inappropriate or non-existent service. This means making the procedure readily accessible to all services users including those regulated. The Corporate Complaints Procedure forms part of the Council’s performance monitoring systems to assist in continuous improvements of the services which the Council provides. In cases where disputes cannot be resolved, any right of complaint or appeal will be explained, with details of the process and the likely timescales involved.

4.8 Public Interest

When formal action is necessary the person responsible for creating the risk must be held to account for it. However, it must still be in the wider public interest that enforcement action is taken.

5. Enforcement Options

When conducting formal investigations, Officers will adhere to Police and Criminal Evidence (P.A.C.E), Code of Practice on Disclosure of Information. Although technically available as an option, enforcement action will only be taken against owner occupiers where their action, or lack of, adversely affects neighbouring properties or there is a clear existent or imminent potential risk to public health, safety or the environment.

5.1 Advice and Assistance

Advice from an enforcement officer will be clear, readily understandable and confirmed in writing upon request. Before formal action is taken, an opportunity will normally be given to discuss the circumstances of the case unless there is need for immediate action due to the severity of the situation or to prevent evidence being destroyed, or to respond to a repeat offender. Where immediate action is considered necessary an explanation will be given as soon as possible and confirmed in writing. Any written documentation issued will contain all the information needed to understand what work is required, why it is needed and shall state the legislation contravened and measures to enable compliance with the legal requirements. Financial assistance is available in certain circumstances under the Council’s Private Sector Housing Assistance Policy. Details will be given of all rights of appeal, whether to Wyre Forest District Council or to external bodies.

5.2 Informal Action

Informal action to secure compliance with legislation includes advice, verbal warnings and requests for action, the use of letters and inspection reports. The circumstances when it is appropriate to consider using informal action are as follows;

The act was not sufficiently serious to require formal action
From past history, it can be reasonable expected that informal action will achieve compliance
The result of noncompliance will not cause a significant risk to public health, safety, wellbeing or the environment
Where informal action will be more effective than formal action

5.3 Statutory Notices

Enforcement Officers will consider the use of statutory notices, where one or more of the following apply;

There is a legal requirement to act
There is/are significant contraventions of legislation
There is a lack of confidence in response to an informal approach
There is a history of noncompliance with informal action
There is evidence of little knowledge of statutory requirements
The result of noncompliance could be potentially serious to public health, safety wellbeing or the environment

Statutory notices will only be issued by Officer’s who have been authorised by Wyre Forest District Council and are considered competent. The failure to comply with a Statutory Notice served under e.g. The Housing Act 2004 is likely to result in a civil penalty or court proceedings where the circumstances fulfil the criteria in the Enforcement Policy. If a right of appeal exists, details will be included with the notice.

It should be noted that some notices are served in order to obtain specific information and, as such, do not represent enforcement action.

The carrying out of any works in default does not prevent the consideration of other formal action such as Formal Caution or prosecution.

5.4 Formal Cautions

Formal Cautions, where appropriate, will be issued in accordance with Home Office Guidelines. A Formal Caution may be issued where there is sufficient evidence to provide a realistic prospect of conviction but because of the attitude, history and willingness to co-operate, it is considered inappropriate to prosecute. To issue a Formal Caution the Council must be satisfied that the offender has admitted to the offence, preferably in writing and has agreed to be cautioned. Formal cautions issued may be cited when considering any similar offences within three subsequent years.

5.5 Prosecution

Prosecution may normally be warranted when one or more of the following apply;

Where the offence involves a significant breach of the law such that public health, safety, wellbeing or the environment is or has been put at risk
Where the alleged offence involves a failure by the suspected offender to correct an identified potential risk having been given the opportunity to comply with the lawful requirements of an authorised Officer
Where the offence involves a failure to comply in full or in part with the requirements of a Statutory Notice
Where there is a history of similar offences related to risk to public health, safety, wellbeing or the environment

Before a prosecution goes ahead, the officer responsible for deciding on the enforcement action will liaise with the Legal Services team to be satisfied that there is relevant, substantial and reliable evidence that an offence has been committed. The alleged offender will normally be given the opportunity to state their case and circumstances around any alleged offence prior to formal consideration of prosecution.

5.6 Civil Penalties and Financial Penalties

The Housing and Planning Act 2016 amended the Housing Act 2004 and introduced Civil Penalties as an alternative to prosecution for offences in relation to licensing Houses in Multiple Occupation (HMOs), failure to comply with an improvement notice and failure to comply with HMO management regulations. The use of civil and financial penalties has been extended to cover electrical safety, energy efficiency standards and landlord responsibilities under the Renters’ Rights Act 2025. Given the history of relatively low fines imposed by magistrates for prosecutions for these offences and the fact that any civil penalty money received by the Council will be used to support the work of the Private Sector Housing Team, the use of Civil Penalties will be the normal approach to such offences rather than prosecution unless public interest warrants the action of prosecution, for example to enable a Banning Order. In determining whether to impose a financial penalty the Council will have regard to any relevant governmental guidance

Appendix 1 is the framework for setting a civil penalty for most landlord legislation and is a model developed by Justice for Tenants based on tribunal data nationally. Appendix 2 sets out the approach specific to energy efficiency requirements. Appendix 3 covers smoke and carbon monoxide alarms enforcement. Each specific case will be assessed on its own merits and the charging tables used as a framework to aid assessment and determination of an appropriate civil / financial penalty.

5.7 Banning Orders

The Government has advised that when a landlord is prosecuted for a relevant offence, the Council may seek a Banning Order to prevent that person from managing rented property. This power will only be used where there is a persistent offender who has been subject to prosecution for multiple offences, in line with any Government guidance issued.

6. Accountability and Liaison with Businesses

The Housing Section will regularly consult on the service it provides and comments received will be used to change procedures where appropriate. Landlords, caravan site owners and other businesses we deal with should feel they are able to communicate with officers directly and that we will take account of their business in how we deal with them. Landlords are communicated with using an email list, met with directly and via Landlord Forums in order to help inform them and receive feedback and input into our policy determination. Normal practice will be to inform businesses where possible of new or changed legal requirements and we will always seek to offer advice and assistance where appropriate.

7. Costs of Enforcement, licensing and other activities

The reasonable costs associated with enforcement, licensing and other activities will be charged to the responsible persons. For example, the costs of inspection and notice being served under the Housing Act 2004 and officer time costs associated with any works in default carried out along with the works costs. Caravan site provision, variation and transfer of licences, annual inspection and report costs will be charged to the site owner again based upon the officer time required and an administration element. House in Multiple Occupation Licences and renewals will also be charged at a rate to reflect the officer time and cost involved including an administration element. Where applications for licences are received in good time with full information and no issues to resolve, the Council will charge a reduced fee to reflect the reduced officer time required. Penalty Fees will also be charged to reflect officer time costs, administration and a deterrent element based upon history of compliance when available. Specific fees and charges will be reviewed annually and published by the Council as part of the overall fees and charges structure. The Council will actively seek to recover any costs incurred through use of civil action and use of enforced sale of property under the Law of Property Act 1925 where applicable.

8. Rent Repayment Orders

8.1 Part 2 of the Housing and Planning Act 2016 permits the Council to seek a Rent Repayment Order at the First Tier Tribunal Property Chamber to require the landlord of the property where the offence(s) has been committed to refund rent to the tenants or the Council. S48 of the Housing and Planning Act 2016 places a duty on the Council to consider applying for Rent Repayment Orders. Where a landlord has been convicted or received a Civil Financial Penalty in respect of the offence, the Tribunal must award the maximum applicable amount, except in exceptional circumstances. This power will be considered in response to all qualifying offences and where there is sufficient evidence for a successful application to the First Tier Tribunal.

The qualifying offences are:

Unlawful eviction and harassment of occupier as defined under the Protection from Eviction Act 1997
Failure to comply with an Improvement Notice [s30 Housing Act 2004]
Offences in relation to unlicensed HMOs [s72(1) Housing Act 2004]
Offences in relation to unlicensed houses [s95(1) Housing Act 2004]
Failure to comply with an Improvement Notice [s30(1) Housing Act 2004]
Failure to comply with a Prohibition Order [s32(1) Housing Act 2004]
Breach of a Banning Order [s21 Housing and Planning Act 2016]
Using Violence to secure entry [s6(1) Criminal Law Act 1977]
Knowingly or recklessly misusing a possession ground [s16J(1) Housing Act 1988]
Letting or marketing of a property within twelve months of using the ‘moving in’ or ‘selling’ ground of eviction [s16J(2) Housing Act 1988]
Continuous breach of certain tenancy reform requirements [s16J(3) Housing Act 1988]

8.2 An application for an RRO may be in addition to other formal action, such as prosecution proceedings or the imposition of a Civil Penalty. Where the Council has issued a Civil Financial Penalty or pursued prosecution, it will usually apply for a Rent Repayment Order where public funds have been paid to a landlord who has committed a qualifying offence.

8.3 S49 of the Housing and Planning Act 2016 enables the Council to assist tenants in applying for Rent Repayment Orders. The Council will usually assist tenants by referring or signposting them to a relevant organisation.

Appendix 1

Civil penalties under the Renters' Rights Act 2025 and other housing legislation

This appendix covers Civil Financial Penalties for the following legislation:

Housing Act 2004
Renters’ Rights Act 2025,
Housing Act 1988
The Electrical Safety Standards in the
Private Rented Sector and Social Rented Sector (England) Regulations 2020
Protection from Eviction Act 1977

This policy applies once the Council has made a decision to commence civil penalty proceedings.

In this policy, the term ‘landlord’ should be read as including letting agents, managing agents, licensors, property owners, corporate landlords, directors of corporate landlords, registered providers of social housing and any other person involved in the letting or management of accommodation. The term ‘corporate landlord’ should be read as referring to a body corporate that meets the deﬁnition of ‘landlord’ above. The terms ‘House in Multiple Occupation’ or ‘HMO’ are deﬁned by the Housing Act 2004.

The following breaches are subject to a civil penalty with a statutory maximum of £7,000:

Failure to give a written statement of terms and any other prescribed information under section 16D of the Housing Act 1988.
Attempting to let a property for a ﬁxed term under section 16E of the Housing Act
Attempting to end a tenancy by service of a notice to quit under section 16E of the Housing Act 1988.
Attempting to end a tenancy orally or requiring that it is ended orally 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.
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.
Failure to give an existing tenant prescribed information about changes made by the Renters’ Rights Act 2025 in the prescribed form and timeframe under paragraph 7(2) of schedule 6 to the Renters’ Rights Act 2025.
Discrimination relating to children in the lettings process under section 33 of the Renters’ Rights Act 2025.
Discrimination relating to beneﬁts in the lettings process under section 34 of the Renters’ Rights Act 2025.
Failure to specify proposed rent within a written advertisement or oﬀer 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.

The following breaches are subject to a civil penalty with a statutory maximum of £40,000:

Breach of duty under Regulation 3, 3B, 3C, and 3D of The Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020.

The following oﬀences are subject to a civil penalty with a statutory maximum of £40,000:

Unlawful eviction and harassment of occupier under section 1 of the Protection from Eviction Act 1977.
Continuation of conduct subject to a relevant penalty (under s.16I or s.16K Housing Act 1988) after the 28-day period (or, if appealed, after conclusion of the appeal) where the ﬁnal notice has not been withdrawn under s.16J of the Housing Act 1988
Conduct giving rise to liability under s.16I, where within the preceding ﬁve years the landlord has either (i) had a relevant penalty (under s.16I or s.16K Housing Act 1988) imposed for diﬀerent conduct and the ﬁnal notice has not been withdrawn, or (ii) been convicted under s.16J for diﬀerent conduct under section 16(J) 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.
Breach of restrictions relating to reletting (s16(E)(2) Housing Act 1988) or remarketing (s16(E)(3) Housing Act 1988) a property within restricted period after using Grounds 1 or 1A of Schedule 2 Housing Act 1988 under section 16J of the Housing Act 1988.
Breach of a banning order under section 21 of the Housing and Planning Act 2016.
Failure to comply with an Improvement Notice under section 30 of the Housing Act 2004.
Contravention of an overcrowding notice under section 139 of the Housing Act 2004.
Failure to obtain a selective licence under section 95 of the Housing Act 2004.
Failure to obtain an HMO licence under section 72 of the Housing Act 2004.
Knowingly permitting over-occupation of an HMO under section 72 of the Housing Act 2004.
Failure to comply with management regulations in respect of HMOs under section 234 of he Housing Act 2004.
Failure to comply with HMO licence conditions under section 72 of the Housing Act 2004.
Failure to comply with selective licence conditions under section 95 of the Housing Act 2004.

If a landlord has committed multiple breaches or oﬀences, a separate civil penalty can, and usually will, be imposed for each breach and oﬀence. In each case, the level of any civil penalty imposed will be determined in accordance with this policy.

If multiple landlords have committed the same breach or oﬀence at the same property, a separate civil penalty can, and usually will, be imposed on each oﬀender. In each case, the level of civil penalty imposed on each oﬀender will be in accordance with this policy.

This policy outlines the Council’s methodology and mechanism for assessing and setting the level of a civil penalty at all stages where a civil penalty is under consideration, including the preparation of a notice of intent, and where a ﬁnal decision has been made to impose a civil penalty.

When applying the civil penalties matrix, interim calculations at individual stages may result in ﬁgures that exceed the statutory maximum. Where the ﬁnal amount reached following application of all relevant steps exceeds the statutory maximum, the civil penalty will be reduced to the applicable statutory maximum.

The Council considers the need for transparency and consistency to be of primary importance to ensure fairness in the discharge of its functions. The general objective of this policy is, therefore, to promote both transparency and consistency in the imposition of ﬁnancial penalties so that those involved in the letting or management of accommodation (a) know how the Council will generally penalise relevant breaches and oﬀences and (b) are assured that, generally, like cases will be penalised similarly, and diﬀerent cases penalised diﬀerently.

The Council recognises that, despite its best eﬀorts, landlords may operate unlawfully for a signiﬁcant period without detection, and that only a proportion of those committing relevant breaches and oﬀences will be identiﬁed. Accordingly, the Council seeks to ensure that civil penalties are set at a level that makes it clear to the landlord concerned and to others that operating unlawfully as a landlord is ﬁnancially disadvantageous when compared to operating lawfully.

The Council has a duty to act fairly, transparently and consistently when assessing civil penalties. To maintain fairness between all landlords, the Council will not give weight to claims advanced as factors that might reduce the amount of a civil penalty unless those claims are supported by evidence that the Council reasonably considers to be relevant, reliable, credible, and suﬃcient in scope and detail to enable proper assessment of the claim, having regard to the nature of the claim, the information ordinarily available to the landlord, and the need for consistent and fair decision- making. Allowing inadequately evidenced assertions to inﬂuence outcomes would risk rewarding those who provide incomplete or misleading information and would create an unfair advantage over landlords who provide a full and properly evidenced account. Accordingly, the Council expects landlords against whom a civil penalty is being considered to provide all documents and records that would ordinarily exist if their account were accurate. Where such evidence is not provided, and no explanation that the Council considers adequate is given, the Council may draw an adverse inference.

Where claims are advanced without suﬃcient supporting evidence, the Council may request speciﬁed supporting material before determining whether to issue a ﬁnal notice or whether any mitigation has been suﬃciently evidenced so as to justify a lower civil penalty.

The further objectives of using ﬁnancial penalties in particular as a means of enforcing the above breaches and oﬀences are explained below.

Statutory Guidance

The Government has issued statutory guidance entitled “Civil penalties under the Renters' Rights Act 2025 and other housing legislation”. The Council has regard to this guidance in the exercise of their functions in respect of civil penalties. There is also statutory guidance on the enforcement of the Housing Health and Safety Rating System that will be followed in particular when determining whether it is appropriate to issue a civil penalty for the presence of a Category 1 hazard and how much that should be for in a rented property.

The Council has considered the following factors in developing this civil penalty policy to help ensure that the civil penalty is set at an appropriate level.

Severity of the breach or oﬀence. The more serious the breach or oﬀence, the higher the penalty should be.

Culpability and track record of the oﬀender. A higher penalty will be appropriate where the oﬀender has a history of failing to comply with obligations and/or actions were deliberate and/or they knew, or ought to have known, that they were in breach of legal responsibilities.

The harm caused to the tenant. This is a very important factor when determining the level of penalty. The greater the actual harm or the potential for harm, principally to the tenant but also potentially the local community, the higher the penalty should be.

Punishment of the oﬀender. The penalty should, in a way that is fair, both punish the oﬀender and demonstrate the consequences of not complying with their responsibilities.

Deter the oﬀender from repeating breaches or oﬀences. The ultimate goal is to prevent any further oﬀending and help ensure that the oﬀender fully complies with all of their legal responsibilities in future. The level of the penalty should therefore be set at a level that it is likely to have a very signiﬁcant deterrent eﬀect.

Deter others from committing similar breaches or oﬀences. While the fact that someone has received a civil penalty may not be in the public domain, the civil penalty policy itself will be and local authorities should consider how their formal enforcement activity can be eﬀectively publicised.

An important part of deterrence is the realisation on the part of landlords that the local housing authority is proactive in levying civil penalties where the need to do so exists and the civil penalty will be set at a high enough level such that operating lawfully will be the sensible ﬁnancial choice.

Remove any ﬁnancial beneﬁt the oﬀender may have obtained as a result of committing the breach or oﬀence. The principle here is that it should not be in the oﬀender’s ﬁnancial interest to commit a breach or oﬀence rather than comply, for example that the penalty for breaching licensing conditions in respect of occupancy of a property is less than the additional rent received as a result of the over-crowding. The absence of any ﬁnancial beneﬁt to the landlord does not mean though that the penalty should be reduced.

Civil Penalties Matrix

In determining the level of a civil penalty, oﬃcers will have regard to the matrix set out below. The matrix consists of the following sequential steps:

Determining the starting point based on the seriousness of the breach or oﬀence.
Adjustment for factors relating to the type of landlord; size and type of portfolio controlled, owned or managed; experience of the landlord (“Landlord Type”)
Mitigating and aggravating factors the Council deems signiﬁcant including, but not limited to, factors relating to the track record and culpability of the landlord and the actual or potential harm to the occupants.
Financial
Applying the totality

Starting point based of seriousness of the breach or offence

The Ministry of Housing, Communities & Local Government has provided statutory guidance that prescribes starting points for all breaches and oﬀences based on the seriousness of the breach or oﬀence. The exception to this prescription is for breaches of licensing conditions under sections 72(3) and 95(2) of the Housing Act 2004, where the Council has determined its own starting levels based on the seriousness of the speciﬁc licence condition or type of licence condition that has not been complied with.

Adjustment for factors relating to the type of landlord; size and type of portfolio controlled, owned or managed; experience of the landlord (“Landlord Type”)

While all landlords are expected to comply fully with their legal obligations, the Council considers that a higher standard of professionalism and regulatory awareness is reasonably expected of landlords who operate at greater scale, who have greater experience, or who are involved in more complex forms of letting. Where such landlords fail to comply with their obligations, this will ordinarily justify a higher civil penalty.

In particular, a higher degree of professionalism is expected of landlords who:

Control, own, or manage a signiﬁcant portfolio of properties;
Have signiﬁcant experience in the letting or management of property;
Are or have been involved in the letting or management of Houses in Multiple Occupation (HMOs);
Are corporate landlords; or
Are or have been directors of corporate

An upward adjustment of 20% of the applicable starting point will be applied where the landlord meets any one or more of the following criteria:

The landlord has, at any point in time, controlled, owned, or managed six or more properties. These properties need not have been held concurrently or at the time civil penalty proceedings are brought.
The landlord has, at any point in time, controlled, owned, or managed three or more properties that operated as HMOs, whether or not concurrently.
The landlord is, or has previously been, a director of a corporate
The landlord is a corporate
The landlord has, in the Council’s assessment and by reference to the available evidence, signiﬁcant experience in the letting or management of

A downward adjustment of 20% of the applicable starting point will be applied only where all of the following criteria are met:

The landlord has, at any point in time, controlled, owned, or managed no more than two
The landlord has controlled, owned, or managed no more than one property that has operated as an HMO, at any point in time.
The landlord has, in the Council’s assessment and by reference to the available evidence, very limited experience in the letting or management of

Mitigating and aggravating factors the Council deems significant including, but not limited to, factors relating to the track record and culpability of the landlord and the actual or potential harm to the occupants

To promote fairness and consistency in the administration of civil penalties, the Council will apply a structured and consistent framework when determining the extent to which mitigating and aggravating factors aﬀect the quantum of any civil penalty.

General approach

Each breach or oﬀence may have oﬀence-speciﬁc mitigating and/or aggravating factors, which will be considered alongside the generic factors set out below.

Where multiple civil penalties are issued under this policy against the same landlord at the same time, and except where expressly stated otherwise, mitigating and aggravating factors will be considered and applied separately to each civil penalty when determining the quantum of each penalty.

Mitigating factors

The Council may reduce the level of a civil penalty by up to 20% or more of the applicable starting point to reﬂect the presence of mitigating factors. Ordinarily, the presence of mitigating factors would result in a reduction of up to 20% of the applicable starting point but, in exceptional circumstances, the Council may apply a reduction in excess of 20%. Exceptional circumstances are rare and unusual and are not established merely by the presence of multiple mitigating factors. Within the framework of this policy, the Council has not sought to provide an exhaustive list of mitigating factors, recognising that a wide range of circumstances may potentially give rise to mitigation. However, the following generic mitigating factors will be considered in respect of each breach or oﬀence:

Steps taken to remedy the basis of the breach or oﬀence

Non-exhaustive examples include:

Promptly remedying all elements of the breach or oﬀence after receiving communication from the Council.
Promptly remedying all the signiﬁcant elements of the breach or oﬀence leaving only less signiﬁcant elements of the breach or oﬀence.

A high level of cooperation

Non-exhaustive examples include:

Proactive provision of signiﬁcant information the Council reasonably considers relevant beyond that required by statutory notice.

Acceptance of liability

Non-exhaustive examples include:

Accepting liability before or within the period for

Where a landlord relies on a reasonable excuse defence or otherwise contests liability, this mitigating factor will not usually apply.

Health circumstances

Non-exhaustive examples include:

A serious health condition or medical incident experienced by the landlord during, or in the period immediately preceding, the breach or oﬀence, where there is clear and reliable evidence that the condition had a direct and material impact on the landlord’s ability to comply with the relevant legal obligation. Examples may include, but are not limited to, a heart attack, stroke, cancer diagnosis, or other acute or serious medical event causing signiﬁcant incapacity or impairment.

Diminished culpability (limited responsibility)

Non-exhaustive examples include:

A joint landlord who has evidenced that compliance arrangements for the subject property were directed and controlled by another joint landlord, and not by them.
A landlord who became involved only after an unforeseen change in circumstances (such as the death of the previous landlord) and who committed the breach or oﬀence only for a limited period while putting their aﬀairs in

The instruction of a managing or letting agent, or reliance on an agent’s actions or omissions, will not of itself constitute diminished culpability.

Aggravating factors

The Council may increase the level of a civil penalty by up to 20% or more of the applicable starting point to reﬂect the presence of aggravating factors. Ordinarily, the presence of aggravating factors would result in an increase of up to 20% of the applicable starting point but, in exceptional circumstances, the Council may apply an increase in excess of 20%. Exceptional circumstances are rare and unusual and are not established merely by the presence of multiple aggravating factors.

The following generic aggravating factors will be considered in respect of each breach or oﬀence:

Previous history of non-compliance.

Non-exhaustive examples include:

Previous successful prosecutions (including relevant spent convictions), previous civil penalties, previous rent repayment orders, previous works in default, previous simple

Concurrent investigations or proceedings relating to other civil penalties, prosecutions, or rent repayment orders will not be treated as previous non-compliance.

Non-cooperation with the Council.

Non-exhaustive examples include:

Failure to comply with notices issued under section 16 of the Local Government (Miscellaneous Provisions) Act 1976, section 235 of the Housing Act 2004, or section 114 of the Renters’ Rights Act 2025.
Failing to provide a substantive response to a letter of alleged oﬀence.
Failing to attend previously agreed

Where the Council has prosecuted, or is pursuing a prosecution, in respect of the same act or omission involving failure to provide legally required information (including failure to comply with a statutory notice), that conduct will not also be treated as an aggravating factor for the purposes of setting the civil penalty, in order to avoid double counting.

Where multiple civil penalties are imposed against the same landlord at the same time, this aggravating factor will be applied only to the civil penalty with the highest starting point, unless there is a clear and reasoned basis for applying it diﬀerently.

Deliberate intent or negligence when committing the oﬀence.

Non-exhaustive examples include:

Knowledge that the breach or oﬀence was
Continuation of oﬀending after communication from the
Premeditation or planning, including steps taken to prevent detection or eﬀective
Providing false or misleading information to the
Applying pressure to occupants to deter cooperation with the

The number of occupants aﬀected.

Non-exhaustive examples include:

3-5 occupants aﬀected.

Duration of non-compliance.

Non-exhaustive examples include:

The oﬀence or breach occurred over a 3–6 month

Vulnerability of occupants

Non-exhaustive examples include children and young adults, persons vulnerable by reason of age, disability or sensory impairment, persons with drug or alcohol dependency, victims of domestic abuse, children in care, persons with complex health needs, persons who do not speak English as a ﬁrst language, victims of traﬃcking or sexual exploitation, refugees, asylum seekers, and pregnant women.

Financial considerations

The Council will review the quantum of the civil penalty and consider whether it is suﬃcient to act as an eﬀective deterrent to future non-compliance. Where the Council has evidence that it considers to be suﬃciently reliable regarding rental income and/or asset value from the landlord, it may determine that an increase in the level of the penalty is appropriate in order to achieve eﬀective deterrence.

It is essential that, as an absolute minimum, landlords do not ﬁnancially beneﬁt from their oﬀending behaviour.

Financial circumstances will ordinarily be considered after any written representations have been received and as part of the determination of any ﬁnal notice.

Where a landlord seeks to rely on a strained or limited ﬁnancial position as a basis for reducing the level of a civil penalty, that position must be supported by appropriate and veriﬁable evidence suﬃcient to enable the Council to assess the landlord’s ﬁnancial position consistently, objectively, and transparently. Unsupported assertions, partial disclosure, or selective provision of information will not be given weight.

At a minimum, and where such information exists, the following should be provided as part of any written representations:

The last three full tax years’ full self-assessment tax returns ﬁled with HMRC, including all additional and supplemental pages;
The last three full tax years’ SA302 documents & tax year overviews;
The last three months’ payslips;
The last three years’ P60 certiﬁcates;
The last twelve months’ Universal Credit payment statements;
A list of all property assets owned or jointly owned (not limited to rental properties), together with corresponding Land Registry title documents;
A list of all property assets owned, or held on a long lease, by any corporate entity in which the landlord has a beneﬁcial interest, together with corresponding Land Registry documentation;
The most recent annual mortgage statement for each property, or the last twelve months’ mortgage statements where the mortgage has been in place for less than twelve months;
Valuation statements for all ISAs held;
Statements from any cryptoasset exchange accounts showing balances and valuations;
A list of all shareholdings;
Recent bank statements for any account holding a balance in excess of £5,000;
Recent statements for all secured and unsecured loans;
Bankruptcy orders and oﬃcial notiﬁcations of

Where the Council is not satisﬁed that it has been provided with suﬃciently reliable, complete, and accurate information to assess the landlord’s ﬁnancial position, the Council may draw the inference that the landlord is able to pay the civil penalty as imposed.

A claimed inability to pay will not, of itself, outweigh the need to ensure eﬀective deterrence or to remove any ﬁnancial beneﬁt obtained as a result of the breach or oﬀence.

The totality principle

The Council will have regard to the totality principle to ensure that the overall outcome of its enforcement action is just and proportionate. In exceptional cases, and having regard to the particular circumstances of the case, the Council may take account of totality at an earlier stage by deciding not to pursue a civil penalty in respect of a speciﬁc breach or oﬀence where doing so would render the overall outcome disproportionate.

In general, however, the application of the totality principle will form the ﬁnal step in the Council’s decision-making process, undertaken after any written representations have been considered and before ﬁnal notices are issued, once the level of each individual civil penalty has been assessed in accordance with this policy.

As a ﬁnal step before issuing ﬁnal notices, the Council will consider whether multiple civil penalties being imposed under this policy against the same landlord at the same time result in an aggregate amount that is just and proportionate. Where the Council concludes that the aggregate amount would not be just and proportionate, it will consider whether a proportionate reduction of the penalties is appropriate.

The totality principle does not operate across diﬀerent legal persons who are separately liable in law, nor does it operate across civil penalties imposed at diﬀerent times. In general, it applies only to

multiple civil penalties imposed under this policy on the same person at the same time. Where, however, legislation provides that an oﬃcer of a body corporate, or a person concerned in its management, may be separately liable in relation to the same conduct as the body corporate, and that oﬃcer also holds a shareholding interest in the body corporate, the Council will, where civil penalties are imposed at the same time on both the body corporate and the oﬃcer arising from that same conduct, consider whether the combined outcome results in punitive duplication and is therefore not just and proportionate.

Where a reduction is applied under the totality principle, the Council will ordinarily do so by applying a uniform percentage reduction across all relevant civil penalties being issued at the same time, being those civil penalties that form part of the same totality assessment. Where, however, the application of the totality principle is required to address punitive duplication arising from a shared economic interest between a body corporate and an oﬃcer, the Council may apply a diﬀerential adjustment to ensure that the overall outcome is just and proportionate.

This approach reﬂects the statutory guidance on the application of the totality principle and is intended to promote consistency, transparency, and proportionality, while avoiding arbitrary or selective adjustment of individual penalties.

In accordance with the statutory guidance, any rent repayment orders made in respect of the same breach or oﬀence will be disregarded for the purposes of assessing the totality of civil penalties under this policy.

Offences and breaches where a civil penalty may be levied and relevant considerations as to the level of that penalty

When applying the civil penalties matrix, interim calculations at individual stages may result in ﬁgures that exceed the statutory maximum. Where the ﬁnal amount reached following application of all relevant steps exceeds the statutory maximum, the civil penalty will be reduced to the applicable statutory maximum.

The following is not an exhaustive list and any new offences or requirement breaches will be dealt with in a comparable approach to the approaches set out below.

Protection from Eviction Act 1977 offences

Unlawful eviction and harassment of occupier - section 1 of the Protection from Eviction Act 1977

Starting point

Statutory maximum civil penalty amount

Landlord Type

downward adjustment

No Landlord Type adjustment

Landlord Type upward adjustment

£35,000

£40,000

£28,000

£35,000

£42,000

Oﬀence-speciﬁc mitigating factors:

Oﬀence-speciﬁc aggravating factors:

Violence or threats of
Disposal of possessions or threats to dispose of
Breach or evasion of an injunction or
Loss of

Housing Act 1988 breaches and offences

Failure to give a written statement of terms and any other prescribed information - section 16D of the Housing Act 1988

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£4,000	£7,000	£3,200	£4,000	£4,800

Oﬀence-speciﬁc mitigating factors:

Provision of some of the required terms and prescribed information within the required

Oﬀence-speciﬁc aggravating factors:

Attempting to let a property for a ﬁxed term - section 16E(1)(a) of the Housing Act 1988

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£4,000	£7,000	£3,200	£4,000	£4,800

Oﬀence-speciﬁc mitigating factors:

Oﬀence-speciﬁc aggravating factors:

Attempting to end a tenancy by service of a notice to quit - section 16E(1)(b) of the Housing Act 1988

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£6,000	£7,000	£4,800	£6,000	£7,200

Oﬀence-speciﬁc mitigating factors:

Oﬀence-speciﬁc aggravating factors:

Tenant vacates property within four months of the date of vacation or equivalent speciﬁed in the notice to quit.

Attempting to end a tenancy orally or requiring that it is ended orally - section 16E(1)(c) of the Housing Act 1988

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£6,000	£7,000	£4,800	£6,000	£7,200

Oﬀence-speciﬁc mitigating factors:

Oﬀence-speciﬁc aggravating factors:

Tenant vacates property within four months of the date of vacation or equivalent speciﬁed in the notice to quit.

Serving a possession notice that attempts to end a tenancy outside the prescribed section 8 process - section 16E(1)(d) of the Housing Act 1988

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£6,000	£7,000	£4,800	£6,000	£7,200

Oﬀence-speciﬁc mitigating factors:

Oﬀence-speciﬁc aggravating factors:

Tenant vacates property within four months of the date of vacation or equivalent speciﬁed in the notice to quit.

Relying on a ground where the person does not reasonably believe that the landlord is, will, or may be able to obtain possession on that ground and the tenant(s) surrendered the tenancy within the period of four months beginning with the date of the contravention, without an order for possession of the dwelling-house being made - section 16E(1)(e) of the Housing Act 1988

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£6,000	£7,000	£4,800	£6,000	£7,200

Oﬀence-speciﬁc mitigating factors:

Oﬀence-speciﬁc aggravating factors:

Failing to provide a tenant with prior notice that a ground which requires it may be used - section 16E(1)(f) of the Housing Act 1988

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£3,000	£7,000	£2,400	£3,000	£3,600

Oﬀence-speciﬁc mitigating factors:

Oﬀence-speciﬁc aggravating factors:

Failure to give an existing tenant prescribed information about changes made by the Renters’ Rights Act 2025 in the prescribed form and timeframe - paragraph 7(2) of schedule 6 to the Renters’ Rights Act 2025

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£4,000	£7,000	£3,200	£4,000	£4,800

Oﬀence-speciﬁc mitigating factors:

Provision of some of the required prescribed information within the required
Provision of prescribed information but not in the prescribed

Oﬀence-speciﬁc aggravating factors:

Continuation of conduct subject to a relevant penalty (under s.16I or s.16K Housing Act 1988) after the 28-day period (or, if appealed, after conclusion of the appeal) where the ﬁnal notice has not been withdrawn — section 16J(3) of the Housing Act 1988

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
Double the starting level for the two constituent breaches added together	£40,000	Dependent on the constituent breaches	Dependent on the constituent breaches	Dependent on the constituent breaches

Oﬀence-speciﬁc mitigating factors:

Oﬀence-speciﬁc aggravating factors:

Conduct giving rise to liability under s.16I, where within the preceding ﬁve years the person has either (i) had a relevant penalty (under s.16I or s.16K Housing Act 1988) imposed for diﬀerent conduct and the ﬁnal notice has not been withdrawn, or (ii) been convicted under s.16J for diﬀerent conduct – section 16(J)(4) of the Housing Act 1988

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
Double the starting level for the two constituent breaches added together	£40,000	Dependent on the constituent breaches	Dependent on the constituent breaches	Dependent on the constituent breaches

Oﬀence-speciﬁc mitigating factors:

Dependent on the most recent conduct giving rise to liability to a civil penalty under section 16I of the Housing Act 1988.

Oﬀence-speciﬁc aggravating factors:

Dependent on the most recent conduct giving rise to liability to a civil penalty under section 16I of the Housing Act 1988.

Relying on a ground where the person knows that the landlord would not be able to obtain an order for possession on that ground, or being reckless as to whether the landlord would be able to do so and the tenant(s) surrendered the tenancy within the period of four months beginning with the date the ground was relied on, without an order for possession of the dwelling-house being made – section 16J(1) of the Housing Act 1988

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£30,000	£40,000	£24,000	£30,000	£36,000

Oﬀence-speciﬁc mitigating factors:

Oﬀence-speciﬁc aggravating factors:

Breach of restrictions relating to reletting (s16(E)(2) Housing Act 1988) or remarketing (s16(E)(3) Housing Act 1988) a property within restricted period after using Grounds 1 or 1A of Schedule 2 Housing Act 1988 - section 16J(2) of the Housing Act 1988

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£25,000	£40,000	£20,000	£25,000	£30,000

Oﬀence-speciﬁc mitigating factors:

Oﬀence-speciﬁc aggravating factors:

Housing and Planning Act 2016 offences

Breach of a banning order - section 21(1) of the Housing and Planning Act 2016

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£35,000	£40,000	£28,000	£35,000	£42,000

Oﬀence-speciﬁc mitigating factors:

A single, isolated

Oﬀence-speciﬁc aggravating factors:

Concealment or evasion.

Renters’ Rights Act 2025 breaches

Discrimination relating to children in the lettings process – section 33(1) of the Renters’ Rights Act 2025

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£6,000	£7,000	£4,800	£6,000	£7,200

Oﬀence-speciﬁc mitigating factors:

Oﬀence-speciﬁc aggravating factors:

Discrimination relating to beneﬁts in the lettings process – section 34(1) of the Renters’ Rights Act 2025

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£6,000	£7,000	£4,800	£6,000	£7,200

Oﬀence-speciﬁc mitigating factors:

Oﬀence-speciﬁc aggravating factors:

Failure to specify proposed rent within a written advertisement or oﬀer – section 56(2) of the Renters’ Rights Act 2025

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£3,000	£7,000	£2,400	£3,000	£3,600

Oﬀence-speciﬁc mitigating factors:

Oﬀence-speciﬁc aggravating factors:

Inviting, encouraging or accepting any oﬀer of rent greater than the stated rate – section 56(3) of the Renters’ Rights Act 2025

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£4,000	£7,000	£3,200	£4,000	£4,800

Oﬀence-speciﬁc mitigating factors:

Oﬀence-speciﬁc aggravating factors:

The Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020 breach of duties

Failure to comply with The Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020 Regulation 3: (3)(b), (3)(d), (3)(e). Regulation 3D: (a), (b), (c), (f)

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£5,000	£40,000	£4,000	£5,000	£6,000

Oﬀence-speciﬁc mitigating factors:

The report or record evidences that the electrical installations were compliant at all

Oﬀence-speciﬁc aggravating factors:

The number or nature or severity of the issues observed on the report or

Failure to comply with The Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020 Regulation 3: (1)(a), (1)(b), (1)(c), (3)(a), (3)(c), (3)(ca), (5)(b), (5)(c). Regulation 3B: (1)(a), (1)(b), (1)(c). Regulation 3C: (1), (2)(a). Regulation 3D: (d), (e)

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£12,500	£40,000	£10,000	£12,500	£15,000

Oﬀence-speciﬁc mitigating factors:

The report or record evidences that the electrical installations were compliant at all

Oﬀence-speciﬁc aggravating factors:

The number or nature or severity of the issues observed on the report or

Failure to comply with The Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020 Regulation 3: (4), (5a), (6). Regulation 3C: (2)(b), (4)

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£20,000	£40,000	£16,000	£20,000	£24,000

Oﬀence-speciﬁc mitigating factors:

Oﬀence-speciﬁc aggravating factors:

The number or nature or severity of the issues observed on the report or

Housing Act 2004 offences

Failure to comply with an improvement notice - section 30(1) of the Housing Act 2004

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£25,000	£40,000	£20,000	£25,000	£30,000

Oﬀence-speciﬁc mitigating factors:

The nature and extent of hazard(s) that are present once the deadline for compliance has
Whether the property is unoccupied once the deadline for compliance has
Access to the property was prevented by the actions or refusal of the occupant(s) and a landlord can evidence that they took steps to obtain access to the property for the purpose of carrying out the required works, but those steps fell short of establishing a reasonable excuse for non-compliance.

Oﬀence-speciﬁc aggravating factors:

The nature and extent of hazard(s) that are present once the deadline for compliance has

Failure to comply with an overcrowding notice - section 139(7) of the Housing Act 2004

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£20,000	£40,000	£16,000	£20,000	£24,000

Oﬀence-speciﬁc mitigating factors:

Oﬀence-speciﬁc aggravating factors:

The level of overcrowding

Failure to obtain an HMO licence - section 72(1) of the Housing Act 2004

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£17,000	£40,000	£13,600	£17,000	£20,400

Oﬀence-speciﬁc mitigating factors:

Oﬀence-speciﬁc aggravating factors:

The landlord has knowledge or experience of licensing
The condition of the unlicensed

Knowingly permitting over-occupation of an HMO - section 72(2) of the Housing Act 2004

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£20,000	£40,000	£16,000	£20,000	£24,000

Oﬀence-speciﬁc mitigating factors:

There are suitable amenity and space provisions in the

Oﬀence-speciﬁc aggravating factors:

The level of over-occupation present.

Failure to Comply with The Management of Houses in Multiple Occupation [England] Regulations 2006 and The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 – section 234(3) of the Housing Act 2004

The Management of Houses in Multiple Occupation (England) Regulations 2006 impose duties on the persons managing HMOs in respect of:

Providing information to occupiers [Regulation 3]
Taking safety measures, including ﬁre safety measures [Regulation 4]
Maintaining the water supply and drainage [Regulation 5]
Supplying and maintaining gas and electricity, including having these services/appliances regularly inspected [Regulation 6]
Maintaining common parts [Regulation 7]
Maintaining living accommodation [Regulation 8]
Providing suﬃcient waste disposal facilities [Regulation 9]

The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 impose duties on the persons managing HMOs as deﬁned by Section 257 Housing Act 2004 in respect of:

Providing information to occupiers [regulation 4]
Taking safety measures, including ﬁre safety measures [regulation 5]
Maintaining the water supply and drainage [regulation 6]
Supplying and maintaining gas and electricity, including having these services/appliances regularly inspected [regulation 7]
Maintaining common parts [regulation 8]
Maintaining living accommodation [regulation 9]
Providing suﬃcient waste disposal facilities [regulation 10]

Where there are multiple breaches of a single Management Regulation at a single HMO, a single civil penalty will be imposed which will cover all the breaches of that Management Regulation.

Where multiple Management Regulations have been breached at a single HMO, a separate civil penalty will be imposed for each Management Regulation that has been breached.

Name of Management Regulation	Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
Duty of manager to provide information to occupier	£3,000	£40,000	£2,400	£3,000	£3,600

Oﬀence-speciﬁc mitigating factors:

The nature and extent of oﬀences within the speciﬁc regulation

Oﬀence-speciﬁc aggravating factors:

The nature and extent of oﬀences within the speciﬁc regulation
The landlord has refused to provide any outstanding contact information more than 48 hours after it has been requested by an occupant or on behalf of an occupant.

Name of Management Regulation	Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
Duty of manager to take safety measures	£20,000	£40,000	£16,000	£20,000	£24,000

Oﬀence-speciﬁc mitigating factors:

The number, nature and extent of oﬀences within the speciﬁc regulation

Oﬀence-speciﬁc aggravating factors:

The number, nature and extent of oﬀences within the speciﬁc regulation

Name of Management Regulation	Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
Duty of manager to maintain water supply and drainage	£10,000	£40,000	£8,000	£10,000	£12,000

Oﬀence-speciﬁc mitigating factors:

The number, nature and extent of oﬀences within the speciﬁc regulation

Oﬀence-speciﬁc aggravating factors:

The number, nature and extent of oﬀences within the speciﬁc regulation

Name of Management Regulation	Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
Duty of manager to supply and maintain gas and electricity	£12,000	£40,000	£9,600	£12,000	£14,400

Name of Management Regulation

Starting point

Statutory maximum civil penalty amount

Landlord Type downward adjustment

No Landlord Type adjustment

Landlord Type upward adjustment

Duty of manager to supply and maintain gas

and electricity

£12,000

£40,000

£9,600

£12,000

£14,400

Oﬀence-speciﬁc mitigating factors:

The number, nature and extent of oﬀences within the speciﬁc regulation

Oﬀence-speciﬁc aggravating factors:

The number, nature and extent of oﬀences within the speciﬁc regulation

Name of Management Regulation	Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
Duty of manager to maintain common parts, ﬁxtures, ﬁttings and appliances	£7,000	£40,000	£5,600	£7,000	£8,400

Oﬀence-speciﬁc mitigating factors:

The number, nature and extent of oﬀences within the speciﬁc regulation

Oﬀence-speciﬁc aggravating factors:

The number, nature and extent of oﬀences within the speciﬁc regulation

Name of Management Regulation	Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
Duty of manager to maintain living accommodation	£7,000	£40,000	£5,600	£7,000	£8,400

Name of Management Regulation

Starting point

Statutory maximum civil penalty amount

Landlord Type downward adjustment

No Landlord Type adjustment

Landlord Type upward adjustment

Duty of manager to maintain living

accommodation

£7,000

£40,000

£5,600

£7,000

£8,400

Oﬀence-speciﬁc mitigating factors:

The number, nature and extent of oﬀences within the speciﬁc regulation

Oﬀence-speciﬁc aggravating factors:

The number, nature and extent of oﬀences within the speciﬁc regulation

Name of Management Regulation	Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
Duty to provide waste disposal facilities	£7,000	£40,000	£5,600	£7,000	£8,400

Name of Management Regulation

Starting point

Statutory maximum civil penalty amount

Landlord Type downward adjustment

No Landlord Type adjustment

Landlord Type upward adjustment

Duty to provide waste

disposal facilities

£7,000

£40,000

£5,600

£7,000

£8,400

Oﬀence-speciﬁc mitigating factors:

The nature and extent of oﬀences within the speciﬁc regulation

Oﬀence-speciﬁc aggravating factors:

The nature and extent of oﬀences within the speciﬁc regulation
The lack of suﬃcient refuse and/or litter containers either inside and/or outside the property has been previously reported
The refuse and/or litter that requires disposal includes hazardous materials

Breach of licence conditions – Section 72(3) Housing Act 2004

All granted HMO licences impose a set of conditions on the licence holder. It is important that the licence holder of a licensed property complies with all imposed conditions, but the Council recognises that a failure to comply with certain licence conditions is likely to have a much bigger impact on the safety and comfort of residents than others.

The starting levels for each diﬀerent type of licence condition breach is set out below based on the seriousness of the oﬀence. Where a licence condition could be interpreted to fall within two diﬀerent potential starting levels, the higher starting level will be chosen.

Where multiple licence conditions have been breached at a single property, a separate civil penalty will be imposed for each licence condition that has been breached.

Failure to comply with licence conditions related to:

Signage or the provision of information for tenants
Provision of written terms of occupancy for tenants
Procedures regarding complaints
Procedures regarding vetting of incoming tenants
Compliance with deposit protection legislation
The recording and provision of information regarding rent payments
Procedures relating to rent collection
The provision of information regarding occupancy of the property
The provision of information regarding change of managers or licence holder details
The provision of information related to changes in the property
Requirements relating to the sale of the property
Attending training courses
Requirements to hold insurance
The provision of insurance documentation
The provision of or obtaining of suitable references
The provision of keys and alarm codes
Security provisions for access to the property
The provision of suitable means for occupiers to regulate temperature
Carrying out items on a schedule of works not otherwise mentioned in the HMO licence conditions section of this policy, relating to non-compliance with items on a schedule of works

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£4,000	£40,000	£3,200	£4,000	£4,800

Oﬀence-speciﬁc mitigating factors:

The nature and extent of the licence condition breach

Oﬀence-speciﬁc aggravating factors:

The nature and extent of the licence condition breach

Failure to comply with licence conditions related to:

Procedures and actions regarding Inspections
Procedures regarding Repair issues
Maintenance and use of common parts (including gardens, outbuildings and property exterior) and living areas
Safeguarding occupiers and minimising disruption during works
The provision of information regarding alterations and construction works
Procedures regarding emergency issues
Waste and waste receptacles, pests, minor repairs, alterations or
Giving written notice prior to entry
Allowing access for inspections
Minimising risk of water contamination
The compliance of furnishings or furniture with ﬁre safety regulations
Carrying out items on a schedule of works in relation to provision of mechanical extraction or electrical sockets

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£7,000	£40,000	£5,600	£7,000	£8,400

Oﬀence-speciﬁc mitigating factors:

The nature and extent of the licence condition breach

Oﬀence-speciﬁc aggravating factors:

The nature and extent of the licence condition breach

Failure to comply with licence conditions related to:

The provision of documentation regarding energy performance certiﬁcates, ﬁre detection and prevention, emergency lighting, carbon monoxide detection, ﬁre risk assessments, gas installations, electric installations and appliances
Notiﬁcation of legal proceedings, contraventions and other relevant information that may aﬀect a ﬁt and proper person status
Procedures and actions regarding ASB
Carrying out items on a schedule of works in relation to the provision of personal hygiene facilities, kitchen facilities or heating

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£12,500	£40,000	£10,000	£12,500	£15,000

Oﬀence-speciﬁc mitigating factors:

The nature and extent of the licence condition breach

Oﬀence-speciﬁc aggravating factors:

The nature and extent of the licence condition breach

Failure to comply with licence conditions related to:

Minimum ﬂoor areas
Occupancy rates
Occupancy of rooms or areas that are not to be used as sleeping accommodation
Limits on number of households allowed to occupy the property or part of the property

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£20,000	£40,000	£16,000	£20,000	£24,000

Oﬀence-speciﬁc mitigating factors:

The nature and extent of the licence condition breach

Oﬀence-speciﬁc aggravating factors:

The nature and extent of the licence condition breach

Failure to comply with licence conditions related to:

The condition or existence of smoke alarms, carbon monoxide alarms, emergency lighting, gas installations, electric installations and appliances, ﬁre detection or other ﬁre safety features or requirements
The provision and maintenance of safe means of escape, including requirements to keep escape routes and exits free from obstruction
Carrying out items on a schedule of works in relation to ﬁre safety or the provision of a Carbon Monoxide detector

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£25,000	£40,000	£20,000	£25,000	£30,000

Oﬀence-speciﬁc mitigating factors:

The nature and extent of the licence condition breach

Oﬀence-speciﬁc aggravating factors:

The nature and extent of the licence condition breach

Housing Act 2004 section 6A Civil penalty for presence of a Category 1 hazard.

Key relevant matters for consideration are in the statutory guidance on HHSRS enforcement.

Starting point	Statutory maximum civil penalty amount	Landlord Type downward adjustment	No Landlord Type adjustment	Landlord Type upward adjustment
£3,000	£7,000	£1,000	£3,000	£6,000

Oﬀence-speciﬁc mitigating factors:

The nature and extent of the defects / hazard

Oﬀence-speciﬁc aggravating factors:

The nature and extent of the defects / hazard

Process for imposing a civil penalty and the right to make written representations

Notice of intent

Before imposing a civil penalty on a landlord, the Council will give the landlord a notice of intent. The notice of intent will set out:

The amount of the proposed civil penalty
The reasons for proposing to impose the civil penalty
Information about their right to make written representations

Right to make written representations

A landlord who is given a notice of intent may make written representations to the Council about the proposal to impose a civil penalty. Any representations must be made within 28 days beginning with the day after the date on which the notice of intent was given.

Decision after the representations period

After the end of the period for representations the Council will:

Decide whether to impose a civil penalty on the landlord; and
If it decides to impose a civil penalty, decide the amount of the This amount can be higher or lower than the amount stated in the notice of intent.

A landlord’s rectiﬁcation of the identiﬁed breach or oﬀence during the representations period will rarely, of itself, lead the Council to conclude that the imposition of a civil penalty is inappropriate. However, compliance at that stage will usually be relevant to the assessment of mitigating factors that may reduce the level of any civil penalty imposed.

Similarly, an admission of liability will rarely, of itself, lead the Council to conclude that the imposition of a civil penalty is inappropriate. An admission of liability will, however, usually be relevant to the assessment of mitigating factors that may reduce the level of any penalty.

Final notice

If, following the receipt of written representations and/or the expiry of the time period to make written representations, the Council decides to impose a civil penalty on the landlord, it will give the landlord a ﬁnal notice imposing that penalty.

The ﬁnal notice will set out:

The amount of the civil penalty
The reasons for imposing the penalty
Information about how to pay the penalty
The period for payment of the penalty
Information about rights of appeal
The consequences of failure to comply with the notice

Discount for prompt payment

Where a civil penalty imposed by a ﬁnal notice is paid in full within the period speciﬁed in that notice (normally 28 days beginning with the day after the ﬁnal notice is given), the Council will apply a discount of 15% to the amount of the civil penalty.

The availability of the discount is conditional upon full payment being received within the speciﬁed period. The discount period will not be extended or suspended by the bringing of an appeal. A landlord who chooses to appeal may still beneﬁt from the discount by paying the civil penalty in full within the speciﬁed period; however, where payment is not made within that period, the discount will not apply.

Illustrative example of the application of the discount

The landlord of an HMO property fails to obtain a licence. They only operate two HMO properties and there are no other relevant factors or aggravating features. The starting point for the oﬀence under the Council’s civil penalties matrix is £17,000.

Following the issue of a notice of intent proposing a civil penalty of £17,000, the landlord makes written representations. Having considered those representations, the Council determines to impose a civil penalty of £16,000, as set out in the ﬁnal notice.

If the landlord pays the civil penalty in full within the payment period speciﬁed in the ﬁnal notice, a 15% prompt payment discount is applied, resulting in a discounted payment of £13,600.

Appeals

A landlord who is given a ﬁnal notice may appeal to the First-tier Tribunal (Property Chamber) against the decision to impose a civil penalty and/or the amount of the civil penalty. Any appeal must be made within 28 days beginning with the day after the date on which the ﬁnal notice was given.

Where an appeal is brought, the ﬁnal notice is suspended until the appeal is ﬁnally determined or withdrawn.

An appeal to the First-tier Tribunal is by way of a re-hearing of the Council’s decision. In determining an appeal, the Tribunal may have regard to matters of which the Council was unaware at the time the decision to impose the civil penalty was made.

The Tribunal may dismiss an appeal if it is satisﬁed that the appeal is frivolous, vexatious, an abuse of process, or has no reasonable prospect of success.

The First-tier Tribunal may invite the parties to consider mediation or another form of alternative dispute resolution. The Council will not generally agree to mediation in relation to the level of a civil penalty, as civil penalties are determined by reference to this Policy to promote fair, consistent, and proportionate outcomes. Agreeing reductions outside the Policy framework would risk undermining consistency and the Council’s enforcement objectives.

On determination of an appeal, the Tribunal may:

Conﬁrm the civil penalty
Vary the amount of the civil penalty (whether by increase or reduction)
Cancel the civil penalty

Where the Tribunal varies a civil penalty by increasing its amount, it may do so only up to the applicable statutory maximum for the relevant breach or oﬀence (£7,000 or £40,000, as applicable).

A party to the appeal may apply for permission to appeal the decision of the First-tier Tribunal to the Upper Tribunal (Lands Chamber).

Appendix 2

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015

Landlords need to meet minimum energy efficiency standards in private rented accommodation from 1^st April 2020. Those found not to be in compliance will normally be informed and given time to comply with the requirements. However where found that the landlord has not responded to ensure or move in a reasonable time to comply, or known to have submitted false or misleading information to gain an exemption, or those landlords having a history of non compliance, then a financial penalty under the above regulations will normally be considered appropriate.

Guidance for determining the level of a financial penalty

The maximum level of penalty varied on the type of breach under the regulations

Financial penalties (Regulation 40)

Where the local authority decides to impose a financial penalty, they have the discretion to decide on the amount of the penalty, up to maximum limits set by the Regulations. The maximum penalties are as follows:

Where the landlord has let a sub-standard property in breach of the Regulations for a period of less than 3 months, the Local Authority may impose a financial penalty of up to £2,000 and may impose a publication penalty
Where the landlord has let a sub-standard property in breach of the regulations for 3 months or more, the Local Authority may impose a financial penalty of up to £4,000 and may impose a publication penalty
Where the landlord has registered false of misleading information on the PRS Exemptions register, the local authority may impose a financial penalty of up to £1,000 and may impose the publication penalty.
Where the landlord has failed to comply with compliance notice, the Local Authority may impose a financial penalty of up to £2,000 and may impose a publication penalty.

Wyre Forest District Council will use the following matrix as a guide to officers to determine the appropriate penalty

Low culpability	High culpability	Notes
Low harm	25%	50%	% = Proportion of maximum penalty
High harm	50%	100%	% = Proportion of maximum penalty

Notes –

If two or more Penalty Notices apply, the combined maximum per property per breach will be £5,000.

Officers may adjust the penalty from that determined in the matrix if there are particular aggravating or mitigating factors. These may come to light during the investigation and will need to be included in the Penalty Notice.

Also, factors may be provided in representations from a landlord in his or her request to review after the Penalty Notice has been served. Officers will have regard to these factors and may adjust the penalty to increase or reduce as they feel appropriate. Landlords will be provided with a minimum of one month and normally 6 weeks to request a review, presenting any information they wish considered as part of that review. The landlord will be served a notice after the review with an explanation of any adjustment made. Any representations received will be considered in a case review by the manager of the investigating officer and subject to legal advice prior to determination of whether to confirm, vary, withdraw the financial penalty or allow more time for payment to be made.

The proceeds of any financial penalty received under these regulations will be applied to the costs of the enforcement functions in relation to the private rented sector.

If a local authority confirms that a property is (or has been) let in breach of the Regulations, they may serve a financial penalty up to 18 months after the breach and/or publish details of the breach for at least 12 months.

Factors affecting the culpability –

Low -

Landlord’s first offence under these regulations
No previous history of non-compliance with housing related regulatory requirements
Non –compliance due to complex issues partially out of the landlord’s control

High -

Landlord has a previous history of non-compliance with housing related regulatory requirements and/or landlord has failed to comply with requests to comply with requests to comply with these regulations
Landlord has knowingly or recklessly provided incorrect information in relation to exemptions to these regulations

Factors affecting harm –

High –

Very low EPC rating
Vulnerable tenants occupying the property for an extended period of time since non-compliance

Low –

No vulnerable tenants
Higher EPC score, close to the minimum EPC rating (E)

Tables below show the penalty for each type of offence, applying the proportions of the maximum penalty in the matrix set out above.

a) Breach is less than 3 months : Maximum fine £2,000
Low culpability	High culpability	Notes
Low harm	£500	£1000
High harm	£1000	£2000

b) Breach is more than 3 months : Maximum fine £4,000
Low culpability	High culpability	Notes
Low harm	£1000	£2000
High harm	£2000	£4000

c) Providing false or misleading information : Maximum fine £1,000
Low culpability	High culpability	Notes
Low harm	£250	£500
High harm	£500	£1000

d) Failing to comply with a Compliance Notice : Maximum fine £2,000
Low culpability	High culpability	Notes
Low harm	£500	£1000
High harm	£1000	£2000

Principles the council will take into account when applying a civil penalty:

Harm to the tenant. The greater the harm or potential harm to the tenant, the higher the penalty should be.
Offender’s history of failing to comply with their obligations. Landlords are expected to be aware of their legal obligations and responsibilities. This could be when a landlord’s actions are seen as deliberate or they should have known they were in breach of their legal responsibilities.
Punishment of the offender. The civil penalty route should not be seen as an easy option compared to prosecution. Whilst the penalty should follow the matrix, it is important that it is set at a high enough level to help ensure that it has a real economic impact on the offender and has demonstrated that there are consequences for not complying with their responsibilities.
Prevent further offences. The level of the penalty should be set high enough so it is likely to deter the offender from repeating the same offence again, or any other offence.
Deter others from committing similar offences. Although it is not made known to the public when someone is served a civil penalty, it is possible landlords may find out as in their local area landlords become aware through informal channels. By setting a high enough penalty it should both punish the offender and deter other landlords from doing the same.
Remove financial benefit. The offender may have obtained a financial benefit as a result of committing the offence so it is crucial to ensure they have not benefited as a result of the offence. It should not be cheaper to offend then to ensure a property is well maintained and properly managed.

Culpability - Responsibility for a fault or wrong. Being culpable, is a measure of the degree to which a person, can be held morally or legally responsible for action and inaction.

Harm - The damage to something which is caused by a particular course of action.

Appendix 3

Statement of principles to determine the amount of a penalty charge under Part 4 of The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 as amended by The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (“the Regulations”)

Section 13 of the Regulations requires local housing authorities to prepare and publish a statement of principles which they propose to follow in determining the amount of a penalty charge.

The Regulations introduced legal requirements on relevant landlords to:

Equip a smoke alarm on each storey of the premises on which there is a room used wholly or partly as living accommodation.

During any period when the premises were occupied under the tenancy, to ensure that a carbon monoxide alarm is equipped in any room of the premises which is used wholly or partly as living accommodation and which contains fixed combustion appliance other than a gas cooker.

Carry out checks by or on behalf of the landlord to ensure that each prescribed alarm is in proper working order on the day the tenancy begins if it is a new tenancy.

Where, following a report made on or after 1st October 2022 by a tenant or by their nominated representative to the landlord, a prescribed alarm is found not to be in proper working order, the alarm is repaired or replaced.

For the purposes of the legislation, living accommodation includes a bathroom or lavatory.

Where the Council believe that a landlord is in breach of one or more of the above duties, the Council must serve a remedial notice on the landlord. The remedial notice is a notice served under Regulation 5 of the Regulations.

If the landlord then fails to take the remedial action specified in the notice within the specified timescale, the Council can require a landlord to pay a penalty charge and can arrange for remedial action to be taken under certain circumstances. The power to charge a penalty arises from Regulation 8 of the Regulations. Failure to comply with each remedial notice can lead to a fine of up to £5,000. Fines will be applied per breach, rather than per landlord or property.

The Council will impose a penalty charge where it is satisfied, on the balance of probabilities, that the landlord has not complied with the action specified in the remedial notice within the required timescale.

A landlord will not be considered to be in breach of their duty to comply with the remedial notice if they can demonstrate they have taken all reasonable steps to comply. Where there is evidence, including written correspondence, of repeated and consistent efforts to obtain access to the property, with access repeatedly being prevented by the occupant(s) of the property, a landlord will not be considered to be in breach of their duty to comply with the remedial notice. A landlord will be expected to have:

Communicated the risk of harm that the lack of functioning alarms posed to all occupants in writing on multiple occasions
Requested access to comply with the remedial notice on a regular basis of no longer than every seven days in writing

In considering the imposition of a penalty, the Council may look at the evidence concerning the breach of the requirement of the notice. A non-exhaustive list of methods that may be used to obtain relevant evidence includes, but is not limited to:

Evidence obtained from a property inspection
Evidence provided by the tenant or agent
Evidence provided by the landlord demonstrating compliance with the Regulations by supplying dated photographs of alarms, together with installation records
That all detector heads have not passed their expiration or replacement date

Landlords need to take steps to demonstrate that they have met the testing requirements at the start of the tenancy requirements. A non-exhaustive list of methods that may be used to evidence compliance with these testing requirements includes, but is not limited to:

Tenants signing an inventory form which states that they observed the alarms being tested and confirming that the alarms were in working order at the start of the tenancy

Where a landlord is in breach, the local housing authority may serve a remedial notice. Failure to comply with each remedial notice can lead to a fine of up to £5,000. Fines will be applied per breach, rather than per landlord or property

When determining the amount of the penalty charge, regard will be had to whether this is a first breach under the Regulations.

Determining the amount of the penalty charge for a first breach

The starting level of a penalty charge for a first breach of the Regulations will be £3000. The penalty charge amount will then be varied depending on aggravating and mitigating factors.

Aggravating factor include, but are not limited to:

The number of alarms not working or missing (Regulations state there should be one per storey)
Other fire safety concerns/defects in the property which increase the risk posed to the occupants
The length of time the offence is believed to have been on-going
The frequency of complaints to the landlord about the non-working or missing alarms
The costs of any remedial work the Council have carried out in response to the breach
Whether the property is let as a HMO (which increases the overall risk)
The number of occupants living in the property
Presence of vulnerable occupiers such as elderly, children or disabled people
Any history of previous enforcement or non-compliance of the landlord
Attempts to obstruct the investigation

Mitigating factors include, but are not limited to:

The property being small and low-risk (for example a one-bedroom ground floor flat with a large number of fire escapes including large windows)
A single occupant living in the property
Evidence that all required alarms were checked and in working order at the start of the tenancy
Written evidence that some efforts to gain access and comply with the remedial notice were made and access was prevented by the occupant

The minimum amount of a penalty charge for a first breach of the Regulations will be £2500. Only in exceptional circumstances may the Council depart from the application of this statement of principles and issue a penalty charge for less than £2500. Exceptional circumstances are rare and unusual and are not established merely by the presence of multiple mitigating factors

Determining the amount of the penalty charge for a subsequent breach

The penalty for subsequent breaches by the same landlord will be £5000.Only in exceptional circumstances may the Council depart from the application of this statement of principles and issue a penalty charge for less than £5000. Exceptional circumstances are rare and unusual and are not established merely by the presence of multiple mitigating factors.

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Housing Enforcement Policy 2026

Contents

1. General

2. Areas of Enforcement

3. Purpose

4. Principles of Enforcement

4.1 Proportionality

4.2 Consistency

4.3 Transparency

4.4 Targeting

4.5 Helpfulness

4.6 Standards

4.7 Complaints Procedure

4.8 Public Interest

5. Enforcement Options

5.1 Advice and Assistance

5.2 Informal Action

5.3 Statutory Notices

5.4 Formal Cautions

5.5 Prosecution

5.6 Civil Penalties and Financial Penalties

5.7 Banning Orders

6. Accountability and Liaison with Businesses

7. Costs of Enforcement, licensing and other activities

8. Rent Repayment Orders

Appendix 1

Civil penalties under the Renters' Rights Act 2025 and other housing legislation

Statutory Guidance

Civil Penalties Matrix

Starting point based of seriousness of the breach or offence

Adjustment for factors relating to the type of landlord; size and type of portfolio controlled, owned or managed; experience of the landlord (“Landlord Type”)

Mitigating and aggravating factors the Council deems significant including, but not limited to, factors relating to the track record and culpability of the landlord and the actual or potential harm to the occupants

General approach

Mitigating factors

Steps taken to remedy the basis of the breach or oﬀence

A high level of cooperation

Acceptance of liability

Health circumstances

Diminished culpability (limited responsibility)

Aggravating factors

Previous history of non-compliance.

Non-cooperation with the Council.

Deliberate intent or negligence when committing the oﬀence.

The number of occupants aﬀected.

Duration of non-compliance.

Vulnerability of occupants

Financial considerations

The totality principle

Offences and breaches where a civil penalty may be levied and relevant considerations as to the level of that penalty

Protection from Eviction Act 1977 offences

Housing Act 1988 breaches and offences

Attempting to let a property for a ﬁxed term - section 16E(1)(a) of the Housing Act 1988

Attempting to end a tenancy by service of a notice to quit - section 16E(1)(b) of the Housing Act 1988

Attempting to end a tenancy orally or requiring that it is ended orally - section 16E(1)(c) of the Housing Act 1988

Serving a possession notice that attempts to end a tenancy outside the prescribed section 8 process - section 16E(1)(d) of the Housing Act 1988

Failing to provide a tenant with prior notice that a ground which requires it may be used - section 16E(1)(f) of the Housing Act 1988

Failure to give an existing tenant prescribed information about changes made by the Renters’ Rights Act 2025 in the prescribed form and timeframe - paragraph 7(2) of schedule 6 to the Renters’ Rights Act 2025

Continuation of conduct subject to a relevant penalty (under s.16I or s.16K Housing Act 1988) after the 28-day period (or, if appealed, after conclusion of the appeal) where the ﬁnal notice has not been withdrawn — section 16J(3) of the Housing Act 1988

Breach of restrictions relating to reletting (s16(E)(2) Housing Act 1988) or remarketing (s16(E)(3) Housing Act 1988) a property within restricted period after using Grounds 1 or 1A of Schedule 2 Housing Act 1988 - section 16J(2) of the Housing Act 1988

Housing and Planning Act 2016 offences

Renters’ Rights Act 2025 breaches

Discrimination relating to children in the lettings process – section 33(1) of the Renters’ Rights Act 2025

Discrimination relating to beneﬁts in the lettings process – section 34(1) of the Renters’ Rights Act 2025

Failure to specify proposed rent within a written advertisement or oﬀer – section 56(2) of the Renters’ Rights Act 2025

Inviting, encouraging or accepting any oﬀer of rent greater than the stated rate – section 56(3) of the Renters’ Rights Act 2025

The Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020 breach of duties

Failure to comply with The Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020 Regulation 3: (3)(b), (3)(d), (3)(e). Regulation 3D: (a), (b), (c), (f)

Failure to comply with The Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020 Regulation 3: (4), (5a), (6). Regulation 3C: (2)(b), (4)

Housing Act 2004 offences

Failure to comply with an improvement notice - section 30(1) of the Housing Act 2004

Failure to comply with an overcrowding notice - section 139(7) of the Housing Act 2004

Failure to obtain an HMO licence - section 72(1) of the Housing Act 2004

Knowingly permitting over-occupation of an HMO - section 72(2) of the Housing Act 2004

Failure to Comply with The Management of Houses in Multiple Occupation [England] Regulations 2006 and The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 – section 234(3) of the Housing Act 2004

Breach of licence conditions – Section 72(3) Housing Act 2004

Housing Act 2004 section 6A Civil penalty for presence of a Category 1 hazard.

Process for imposing a civil penalty and the right to make written representations

Notice of intent

Right to make written representations

Decision after the representations period