Statutory guidance

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

Published 13 November 2025

Applies to England

Purpose and Scope 

This guidance is for local authorities in England who are issuing civil penalties for relevant housing offences. 

A civil penalty is a financial penalty imposed by a local authority on an individual or an organisation.

Status of the guidance  

This statutory guidance is issued by the Secretary of State under:

• section 1A(4) of the Protection from Eviction Act 1977

• section 16I(9) and section 16K(5) of the Housing Act 1988

• schedule 13A to the Housing Act 2004 (see paragraph 12)

• section 23(10) of the Housing and Planning Act 2016

• section 40(8) and section 57(6) of the Renters’ Rights Act 2025.

Local housing authorities must have regard to, that is, consider, this guidance when setting their civil penalty policies and imposing civil penalties. 

County councils which are not local housing authorities may also impose civil penalties, and where applicable prosecute, for breaches and offences under the Protection from Eviction Act 1977, Housing Act 1988, and Renters’ Rights Act 2025 covered by this guidance. It is expected that where county councils impose a civil penalty that they have regard to this guidance.  

Definition of key terms 

The term ‘breach’ is used to refer to non-compliance by landlords where the local authority may impose a civil penalty of up to £7,000 and there is not an option to prosecute. The term ‘offence’ is used to refer to non-compliance by landlords where a local authority may either prosecute or impose a civil penalty of up to £40,000.  

The term ‘landlord legislation’ means chapters 3 (rental discrimination) and 6 (rental bidding) of part 1 of the Renters’ Rights Act 2025; sections 1 and 1A of the Protection from Eviction Act 1977 (unlawful eviction and harassment of occupiers) and chapter 1 of part 1 of the Housing Act 1988 (assured tenancies). 

Housing offences and breaches covered  

The following offences and breaches are covered by this guidance:  

• unlawful eviction and harassment of occupier as defined under the Protection from Eviction Act 1977

• failure to give a written statement of terms under section 16D of the Housing Act 1988

• failure to give an existing tenant information about changes made by the Renters’ Rights Act under paragraph 7(2) of schedule 6 to the Renters’ Rights Act 2025

• attempting to let a property for a fixed term under section 16E of the Housing Act 1988

• attempting to end a tenancy orally or by service of a notice to quit 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 person does not reasonably believe that the landlord is/will be able to obtain possession under section 16E 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

• 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

• reletting or remarketing a property before expiry of the 12 month no-let period after using the moving and selling grounds under sections 16E and 16J of the Housing Act 1988

• failure to comply with an Improvement Notice under section 30 of the Housing Act 2004

• offences in relation to licensing of houses in multiple occupation (HMOs) under section 72 of the Housing Act 2004

• offences in relation to licensing of other houses under section 95 of the Housing Act 2004

• contravention of an overcrowding notice under section 139 of the Housing Act 2004

• failure to comply with management regulations in respect of houses in multiple occupation under section 234 of the Housing Act 2004

• breach of a banning order under section 21 of the Housing and Planning Act 2016

• discriminating against prospective tenants during the letting process on the grounds that those tenants are in receipt of benefits or have children under sections 33 and 34 of the Renters’ Rights Act 2025

• marketing a letting without stating the proposed rent under section 56 of the Renters’ Rights Act 2025

• inviting or encouraging any person to offer to pay an amount of rent under the proposed letting that exceeds the stated rent under section 56 of the Renters’ Rights Act 2025

• accepting an offer from any person to pay an amount of rent under the proposed letting that exceeds the stated rent under section 56 of the Renters’ Rights Act 2025

When to use this guidance  

All the provisions in the Renters Right Act 2025 covered by this guidance will be brought into legal force on 1 May 2026. The statutory instrument increasing the maximum financial penalty for offences under section 249A of the Housing Act 2004 and section 23 of the Housing and Planning Act 2016 from £30,000 to £40,000 will come into force on the same date.  This guidance applies to breaches and offences committed on or after this date.   

Where local authorities issue penalties for existing offences (see section 249A of the Housing Act 2004 and section 23 of the Housing and Planning Act 2016) which they determine are committed prior to this date, the local authority civil penalty policy in force when the offence was committed and statutory guidance on civil penalties published by MHCLG in April 2018 continue to apply. In practice therefore local authorities will need to operate their existing and new civil penalty policies in parallel for a transitional period.  

Updates to this guidance  

This guidance will be updated to include breaches and offences under parts 2 and 3 of chapter 2 of the Renters’ Rights Act 2025 (Landlord Redress Schemes and Private Rented Sector Database) and section 100 and schedule 4, part 1 of the Renters’ Rights Act 2025 (Decent Homes Standard) when this legislation is brought into legal force (i.e. becomes operational).

Civil penalties as a sanction 

Civil penalties for breaches and offences within the scope of this guidance may be issued by local housing authorities in England, and county councils in England which are not local housing authorities, in respect of breaches and offences under the landlord legislation.

Who can receive a civil penalty  

Civil penalties are intended to be used against those who commit one or more of the breaches or offences. 

Local housing authorities should decide, based on the available evidence, where responsibility for the breach or offence lies and take action against the relevant party or parties accordingly. Where rent-to-rent arrangements are in place, responsibility may rest with the superior landlord as well as or instead of the immediate landlord of the occupiers. 

Civil penalties for illegal eviction and harassment may be imposed on anyone who has committed an offence. 

Civil penalties for breaches and offences relating to assured tenancy landlord duties may be imposed on any landlord, and any person acting or purporting to act on their behalf, who is responsible for the breach or offence. For a failure to provide prescribed information to an existing tenant a civil penalty may be imposed on the landlord or a person with whom they have entered into a contract to ensure compliance with this requirement; see paragraphs 7(2) and 7(3) of schedule 6 to the Renters’ Rights Act 2025.

Civil penalties for breaches and offences relating to rental discrimination and rental bidding may be imposed on any prospective landlord, and any person acting or purporting to act on their behalf, who is responsible for the breach or offence.  

Civil penalties for offences relating to unlicensed houses in multiple occupation (HMOs) and houses subject to selective licensing may be imposed on the person managing, the person having control defined under section 263 of the Housing Act 2004 and any landlord, including any superior landlord (see section 104 of the Renters’ Rights Act 2025 amending sections 72 and 95 of the Housing Act 2004). 

Civil penalties for allowing an HMO to be occupied by more than the authorised number of households or persons may be imposed on the person managing and the person having control.  

Civil penalties for a failure to comply with HMO or selective licence conditions may be imposed on the licence holder, or a person on whom restrictions or obligations under a licence were imposed with their consent. For a failure to comply with management regulations in respect of HMOs, civil penalties may be imposed on any person subject to duties under the regulations, including, in some circumstances, the occupiers. 

Civil penalties for failing to comply with an improvement notice, contravening an overcrowding notice, or breaching a banning order may be imposed on any person on whom an improvement notice, or overcrowding notice was served or against whom a banning order was made. 

Where a local authority is satisfied that a breach or offence has been committed with the consent or connivance of, or (in most cases) is attributable to any neglect on the part of any officer of a body corporate, a civil penalty may be imposed on them individually as well as, or instead of, the body corporate.  

Where more than one person is liable for the same breach or offence, local authorities may impose a civil penalty on more than one person. The amount of penalty imposed on each person may differ depending on the circumstances of the case. Alternatively, in the case of breaches and offences relating to the duties of landlords under assured tenancies and breaches relating to rental discrimination and rental bidding, local authorities may impose a single penalty on more than one person. Where they do so, those persons are jointly and severally liable to pay it.  

Multiple civil penalties 

If a person commits more than one offence or breach, local authorities may impose a civil penalty in respect of each of them.  

For example, section 234(3) of the Housing Act 2004 provides that a person commits an offence if they fail to comply with a management regulation in respect of HMOs. What this means is that each failure to comply with a requirement constitutes a separate offence for which a civil penalty can be imposed.  

Only one civil penalty may be imposed for failing to comply with an improvement notice, regardless of the number of hazards to which the notice relates (although the number of hazards and the degree of non-compliance may be reflected in the amount of the penalty). However, where a landlord fails to comply with an Improvement Notice and subsequently receives a civil penalty as a result, a further Improvement Notice could then be issued if the work still hadn’t been carried out.  

Local authorities can issue individuals or organisations with multiple civil penalties for different breaches and offences in respect of the same property or the same breach or offence in different properties. 

Continuous breaches  

In the cases of the duty to provide a written statement of terms under section 16D of the Housing Act 1988, failure to provide prescribed information to an existing tenant under paragraph 7 of schedule 6 to the Renters’ Rights Act 2025 and the prohibition on rental discrimination under sections 33 and 34 of the Renters’ Rights Act 2025, more than one civil penalty can be imposed on the same individual or organisation in respect of the same breach where a civil penalty has been imposed and the breach continues for more than 28 days after the imposition of the original penalty or the conclusion of an appeal. 

Where a civil penalty has been imposed on a person for a breach relating to the landlord’s duties under assured tenancies, and the conduct continues for more than 28 days after imposition of the penalty or the conclusion of an appeal, they will have committed an offence and be liable to prosecution or a civil penalty of up to £40,000. 

Continuous breaches in relation to rental discrimination do not become offences but are subject to further civil penalties of up to £7,000.  

Where a financial penalty has been imposed for breaching a banning order, a further financial penalty may be imposed where the breach continues for more than six months (section 23 of the Housing and Planning Act 2016) 

Repeat breaches 

Where a person has previously been liable for a civil penalty for a breach relating to the landlord’s duties under assured tenancies, and they receive a civil penalty or are convicted of an offence in relation to a different breach within 5 years, they will have committed an offence and be liable to prosecution or a civil penalty of up to £40,000. 

Repeat breaches in relation to rental discrimination and rental bidding do not become offences, but where landlords, prospective landlords, or persons acting or purporting to act on their behalf, commit a repeat breach of the same legislative provision within 5 years an additional civil penalty may be added to the civil penalty for the repeat breach.  

Civil penalties and prosecution 

Civil penalties are available as an alternative to criminal prosecution for offences. The legislation does not permit local authorities to impose a civil penalty and prosecute for the same offence. If a person has been convicted (or acquitted) or is currently being prosecuted, the local authority cannot impose a civil penalty in respect of the same offence. Conversely, if a civil penalty has been imposed, a person cannot then be convicted for the same offence.  

In the case of continuing and repeat breach offences however, local authorities may prosecute even though a previous civil penalty is a constituent element of the offence, or impose a civil penalty as an alternative to prosecution even although a previous conviction forms part of the basis for imposing the penalty. Currently this means continuing and repeat breaches under section 16J of the Housing Act 1988 

Cross-boundary enforcement 

Local authorities can impose civil penalties on individuals and organisations outside their local authority area for breaches and offences under the landlord legislation. Where, for example, portfolio landlords own properties in several local authority areas and non-compliance extends across the portfolio, it may be more efficient and practical for a single local authority to lead on taking enforcement action.  

Where a local authority is proposing to take enforcement action outside its local area it must liaise with the local authorities where the non-compliance is taking place and ensure that officers have been given the necessary delegated powers. Sections 108 and 109 of the Renters’ Rights Act 2025 set out the notification requirements.  

Where a local authority imposes a civil penalty outside its local area it should do so in accordance with its own civil penalty policy.  

Recording and publicising civil penalties 

Where a landlord or property agent receives two or more civil penalties over a 12-month period, local housing authorities may, where these are offences for which a banning order may be sought, include that person’s details in the database of rogue landlords and property agents. This excludes offences under the Housing Act 1988 covered by this guidance. Local housing authorities are encouraged to do so to help ensure that other local authorities are made aware that formal action has been taken.  

Local authorities are encouraged to consider other ways to publicise the number of civil penalties issued and details of action taken against offenders as part of increasing the deterrent effect of the penalties. 

Determining an appropriate sanction 

The duty to enforce  

Local housing authorities are under a duty to enforce the landlord legislation under section 107 of the Renters’ Rights Act 2025. This defines taking enforcement action as imposing a financial penalty or instituting proceedings against a person for an offence in their area. Local housing authorities fulfil that duty by acting in accordance with their enforcement policies, which must be developed taking into account this guidance. A local housing authority may become aware of a suspected case of non-compliance in a number of ways – for example, as a result of complaints from an existing or prospective tenant, inspections it has undertaken, or other intelligence.  

If a local housing authority suspects non-compliance, it must consider what proactive steps may be reasonably necessary to establish that a breach or offence has occurred. Once the non-compliance has been established, it is for the local housing authority to determine, in line with their policy, what steps to take in the first instance to address the breach or offence. There is no expectation that local housing authorities take informal steps to address the breach or offence, for example by issuing warning letters, prior to taking formal action. Formal action includes issuing a statutory notice, such as an improvement notice, issuing a civil penalty notice or commencing prosecution proceedings. 

In determining what steps to take to address the breach or offence, local housing authorities should take account of the need for effective deterrence and punishment and what is in the best interests of tenants. Local housing authorities need to promptly follow up any actions to determine whether the non-compliance has ceased. 

Where any steps to end the non-compliance have failed to do so and the local housing authority is satisfied that the necessary evidential threshold is reached and proceeding is in the public interest, it must issue a civil penalty notice or start prosecution proceedings. Where it is not possible to remove the non-compliance because for example tenants have already been illegally evicted from their home, the local housing authority must issue a civil penalty notice or start prosecution proceedings if it is satisfied that the necessary evidential threshold has been reached and proceeding is in the public interest.  

The decision to prosecute or impose a civil penalty  

Local housing authorities need to have a policy basis to guide their decisions on when to prosecute and when to issue a civil penalty. Each decision is to be considered on a case-by-case basis in line with that policy. When deciding whether to commence a prosecution (and at every stage of a prosecution) local authorities should follow The Code for Crown Prosecutors.

The standard of proof  

Local authorities are exercising a quasi-judicial function when imposing a civil penalty. Before doing so, they must be satisfied by credible, reliable and sufficient documentary or other evidence to the appropriate standard of proof that the person has breached the relevant statutory requirement or committed the relevant offence. 

Breaches relating to discrimination against prospective tenants in the lettings process and to rental bidding require a civil standard of proof, that is the breach must be established “on the balance of probabilities”. Local housing authorities will need to be satisfied that, based on the evidence provided, a breach is more likely to have occurred than not.

For all other breaches and offences covered by this guidance, a criminal standard of proof is required, that is, the breach or offence must be proved “beyond reasonable doubt”. This is because there is the alternative option to prosecute, either in the first instance, or where the breach continues or is an element of a repeat breach offence.  

Before imposing a civil penalty for a breach or offence which needs to be proved to the criminal standard, a local housing authority must satisfy itself that if the case were to be prosecuted in the magistrates’ court, there would be a realistic prospect of conviction. Local housing authorities are to consider the Crown Prosecution Service Code for Crown Prosecutors for this purpose.  

Maximum and minimum civil penalties  

The maximum civil penalty is £7,000 for breaches and £40,000 for offences. This is set out in legislation. There is no statutory minimum penalty. Local authorities will need though to ensure that the penalty constitutes an adequate punishment and deterrent.  

Deciding on the level of civil penalty 

Local housing authorities will need to develop and publish their own policy on determining the appropriate level of civil penalties. 

Local housing authorities should consider the following factors in developing their civil penalty policies and to help ensure that the civil penalty is set at an appropriate level. 

Severity of the 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 their obligations and/or their actions were deliberate and/or they knew, or ought to have known, that they were in breach of their legal responsibilities.  

The harm caused

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 the offence

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 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 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 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 does not mean though that the penalty should be reduced. 

It is for each local housing authority to adopt a policy that takes into account all the above factors. In setting civil penalties for breaches and offences, local housing authorities should use the following steps. 

Determine the seriousness of the breach or offence  (step 1) 

The seriousness, or the severity, of the breach or offence reflects the level of potential (or, in some cases, actual) harm that is intrinsic to the category of breach or offence. For example, this will be higher for a failure by a landlord to take safety measures than to provide required information to a tenant. Case-specific potential or actual harm is not directly relevant to determining the seriousness of the breach or offence. Local housing authorities may wish to take this into account when considering aggravating and mitigating factors under step 2 below. 

Seriousness also reflects intrinsic culpability. For example, this will tend to be higher for an offence which arises from a continuing or repeated breach rather than a single breach of the relevant legislation. Again, case-specific factors are not directly relevant to determining the seriousness of the breach or offence. For example, whilst those renting out or managing properties should understand how to comply with their legal obligations, a higher degree of professionalism is likely to be expected of landlords with significant portfolios who let properties as their business than those for whom letting one or two properties is a subsidiary and, potentially, unplanned activity. Local housing authorities may wish to take factors, such as the profile of the landlord, into account when considering aggravating and mitigating factors under step 2 below. 

The starting point which local housing authorities should use for setting civil penalties, based on seriousness, is as follows. 

a) Protection from Eviction Act 1977
Offence	Civil penalty
Unlawful eviction and harassment (s1(2) and (3))	£35,000
b) Housing Act 1988 breaches and offences
Breach
Attempting to let the property for a fixed term (s16E(1)(a))	£4,000
Attempting to end the tenancy by service of a notice to quit (s16E(1)(b))	£6,000
Attempting to end the tenancy orally, or require that it is ended orally (s16E(1)(c))	£6,000
Serving a possession notice that attempts to end the tenancy outside of the prescribed section 8 process (s16E(1)(d))	£6,000
Relying on a ground where the person does not reasonably believe that the landlord is/will be able to obtain possession (s16E(1)(e))	£6,000
Failing to provide a tenant with prior notice that a ground which requires it may be used (s16E(1)(f))	£3,000
Failing to issue a written statement of terms within 28 days of an assured tenancy coming into existence (s16D)	£4,000
Failing to provide an existing tenant with prescribed information about changes made by the Renters’ Rights Act (paragraph 7 of schedule 6 to the Renters’ Rights Act 2025)	£4,000
Offence
Relying on a ground knowing the landlord would not be able to obtain possession or being reckless as to whether they would (s16J(1))	£30,000
Reletting or remarketing a property within the 12 month no-let period after using the moving or selling grounds (s16J(2))	£25,000
Continuing breach, or repeat breach committed within 5 years of receiving a penalty for first breach (s16J(3) and (4))	Double the starting level for the two constituent breaches added together
c) Housing Act 2004 offences
Offence
Failure to comply with an improvement notice (s.30(1))	£25,000
Mandatory HMO unlicensed (s.72(1))	£17,000
Additional HMO unlicensed (s72 (1))	£17,000
Knowingly permitting over-occupation of an HMO (s.72(2))	£20,000
Property subject to selective licensing unlicensed (s.95(1))	£12,000
Failure to comply with an overcrowding notice (s.139(7))	£20,000
Breach of HMO management regulations (SI 2006/372 and SI 2007/1903 (in respect of s257 HMOs) made under s234(1)
Failure to provide information to the occupier	£3,000
Failure to take safety measures	£20,000
Failure to maintain water supply and drainage	£10,000
Failure to supply and maintain gas and electricity or supply gas safety certificate	£12,000
Failure to maintain common parts	£7,000
Failure to maintain living accommodation	£7,000
Failure to provide adequate waste disposal facilities	£7,000
d) Housing and Planning Act 2016 offences
Offence
Breach of a banning order (s.21(1))	£35,000
e) Renters’ Rights Act 2025 breaches
Breach
Discrimination against those on benefits or with children in the lettings process (s.33 and s.34)	£6,000
Failure to specify proposed rent within a written advertisement or offer (s.56(2))	£3,000
Inviting, encouraging or accepting any offer of rent greater than the advertised rate (s.56(3))	£4,000

No starting point for civil penalties for breaches of licensing conditions under sections 72(3) and 95(2) of the Housing Act 2004 are set out in this guidance, as those conditions may vary substantially between local authorities. Local housing authorities will need to determine and publish their own starting levels for civil penalties for these offences.

Apply aggravating and mitigating factors (step 2) 

Local housing authorities will need to consider whether there are factors specific to the individual breach or offence which mean that the starting point for the civil penalty is adjusted upwards or downwards. It is for local housing authorities to determine which and how aggravating and mitigating factors are applied. In general, these determinations will need to be based on case-specific considerations of culpability and harm.  

Illustratively and non-exhaustively, local authorities might, in considering culpability, wish to take account of the number of properties an offender owns or manages; any previous history of non-compliance; any admission of guilt; and whether and how quickly the offender has remedied the non-compliance.  

Illustratively and non-exhaustively, local authorities might, in considering harm, wish to take account of the level of risk to the safety and wellbeing of tenants; whether that risk has materialised; and the vulnerability of tenants.  

Whilst it need not be part of the published policy, local housing authorities are encouraged to use a consistent framework for assessing the degree to which each aggravating and mitigating factor affects the quantum of any penalty to ensure the fair and consistent administration of civil penalties within the local housing authority. 

Financial Considerations (step 3) 

Local housing authorities are to consider whether the civil penalty amount arrived at through steps 1 and 2 meets in a fair way the objectives of punishment, deterrence and removal of financial benefit.  

The starting point for civil penalties set out in this guidance are applicable nationally. Local housing authorities in areas where rents are lower or higher than average may, at their own discretion, wish to apply a general adjustment via their civil penalty policy in recognition that a civil penalty of the same amount is likely to have a weaker deterrent effect in local authorities with high average rents than those with low average rents.  

Any percentage adjustment for local rent levels must not exceed the percentage by which these are higher or lower in the local authority area than the national average. Average monthly rents in England by local housing authority can be obtained from the Office for National Statistics’ monthly ‘Private rent and house prices, UK’ statistical bulletin. Any adjustment made should consider the need to retain differences in final penalties imposed that reflect the seriousness of the breach or offence and aggravating or mitigating factors  

Local housing authorities may wish to consider whether the civil penalty arrived at through the steps above is sufficient to act as an effective deterrent to future non-compliance. Where they have what they regard as sufficiently reliable evidence of rental income from and/or asset value of the offender’s housing business, they may decide to increase the amount of the penalty. Sections 114 and 115 of the Renters’ Rights Act 2025 provide new investigatory powers to require information from persons for the purposes of determining the amount of a civil penalty. 

One of the objectives in setting the level of civil penalties is that, as a minimum, offenders do not financially benefit from their offending behaviour. Where local housing authorities have what they regard as sufficiently reliable evidence of any profit arising from the offending behaviour in relation to the property subject to the civil penalty during the period of the offence, they should take this into account in arriving at the final civil penalty amount. Any profit identified from the offending behaviour can, in general, be regarded as establishing a minimum level for the penalty. Taking other factors into account, the final penalty will usually be significantly higher.  

In setting a final civil penalty amount, local housing authorities may take account of any information supplied by the offender about their financial circumstances. In the absence of such information, or where the local housing authority is not satisfied that it has been given sufficiently reliable information, it should draw the inference that they are able to pay the civil penalty.  

Totality (step 4) 

As a final step before issuing final notices, local housing authorities should consider other civil penalties being issued against the same offender at the same time to reach an aggregate amount that is just and proportionate. 

When multiple offences have occurred, whether they arise out of the same or different incidents, if the aggregate amount is not just and proportionate, local housing authorities should consider whether all of the civil penalties should be proportionately reduced. 

Any rent repayment orders made against the offender in respect of the same offence are to be disregarded in assessing the totality of the penalty.  

Discounts  

It is for local authorities to decide whether a reasonable discount should be offered to offenders for prompt payment of civil penalties. Any discount offered for prompt payment should not exceed one-third of the amount in the Final Notice.  

Procedure for imposing a civil penalty 

The notice of intent  

Before imposing a civil penalty, a local authority must give a notice of intent to the individual or organisation it intends to impose the civil penalty on. The notice of intent must set out:  

• the date on which the notice of intent is given 

• the amount of the proposed financial penalty  

• the reasons for proposing to impose the penalty 

• information about their right to make representations.  

The notice of intent must be given no later than 6 months after the date on which the local authority has sufficient evidence of the conduct to which the penalty relates. If the conduct continues then the window for giving a notice of intent extends to 6 months after the conduct stops.  

Representations  

A person who is given a notice of intent may make written representations to the local authority about the intention to impose a financial penalty. This means they can give, for example, reasons as to the why the civil penalty should not be imposed or why it is disproportionate 

Representations must be made within 28 days from the date the notice was given. After the end of the period for making representations, the local authority must decide whether to impose a penalty and, if so, the amount of the penalty. The local authority should consider any representations received. 

If the authority decides to impose a financial penalty, it must give the person a final notice requiring that the penalty is paid within 28 days. Final notices should be issued promptly following consideration of any representations received and if the local authority decides not to impose a financial penalty it is good practice to let the recipient(s) of the notice of intent know.  

The final notice  

The final notice must set out:  

• the date on which the final notice is given

• 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 (28 days) 

• information about the right to appeal

• the consequences of failing to comply with the notice.  

The local housing authority may at any time:  

• withdraw a notice of intent or final notice; or  

• reduce the amount specified in a notice of intent or final notice, having regard to its civil penalty policy. 

Appeals 

Right of appeal  

Once the person receives the final notice they can appeal to the First-tier Tribunal (Property Chamber) within 28 days from the date the final notice was issued. They can appeal against the penalty itself or the amount of the penalty. If a person appeals, the final notice is suspended until a decision is made on the appeal or it is withdrawn.  

The appeals process 

An appeal will involve a re-hearing by the First-tier Tribunal of the local authority’s decision to impose a civil penalty. The Tribunal may also have regard to matters of which the local housing authority was unaware when the decision to impose a civil penalty was made.  

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

The Tribunal has the power to confirm, vary (increase or reduce) the size of the civil penalty imposed by the local housing authority, or to cancel the civil penalty. If the Tribunal decides to increase the penalty, it may only do so up to the statutory maximum for each breach or offence of £7,000 or £40,000 as applicable.  

The appellant or local authority may seek permission to appeal the decision of the First-tier Tribunal to the Upper Tribunal (Lands Chamber).

Mediation 

The First-tier Tribunal may offer local authorities and appellants the option to enter into mediation in an attempt to reach agreement on issues which are in dispute without the need for a full hearing. Mediation is usually offered by the Tribunal as part of the application to appeal form and may be offered again later in the process.  

Mediation sessions are voluntary, confidential and without prejudice and allow both parties to explore settlement options which may not be available to the Tribunal. Local authorities should consider whether individual cases are suitable for mediation taking into account the individual factors of the case and whether there is a realistic prospect of a satisfactory settlement being reached. 

Collecting civil penalty debt 

Collecting civil penalty debt is an integral part of a robust civil penalty policy. The deterrent effect of civil penalties is likely to be significantly weakened if offenders know that debts will not be effectively enforced. Uncollected debt represents lost revenue for recycling into private rented sector enforcement work.  

Local authorities may wish to agree payment plans with debtors to spread the payment of the debt, though in general these should not extend beyond one year. Agreeing longer repayment periods may be appropriate if the local authority is satisfied that the financial circumstances of the debtor mean that this is necessary, but the local authority should consider seeking a charging order to mitigate the recovery risk. Agreements should stipulate the consequences of missing payments or defaulting on the debt. 

Application to enforce the debt  

Where the person against whom it was imposed fails to pay a civil penalty, the local authority needs to apply to the county court for an order to enable enforcement of the debt through the court. A certificate signed by the chief finance officer of the local authority which states that the amount due had not been received by a specified date will be treated by the courts as conclusive evidence of that fact.  

Ways to enforce the debt  

Potential routes to recover the debt are: 

Warrant or writ of control

This commands court enforcement agents to take goods from the debtor’s home or business to satisfy the judgment debt.  

Attachment of earnings order

This allows deductions to be made from the person’s salary by their employer and paid to the creditor.  

A third party debt order

This means that money in a debtor’s bank or building society account can be frozen for the benefit of the creditor.  

A charging order

This prevents the person or organisation from selling an asset, usually a property, without paying the amount due under the charging order. This could also allow the chargee to recover the debt by enforcing the sale of the asset.  

Bankruptcy proceedings 

This entails a creditor petitioning the court to make a bankruptcy order following which the trustee-in-bankruptcy collects the debtor’s assets and distributes them amongst the bankrupt’s creditors in accordance with insolvency law. The amount of the debt must be at least £5,000. 

Local authorities should consider the circumstances of the debtor and the amount of the debt before deciding on how best to collect it. Obtaining a charging order on a property may, for example, be most effective where this is a rental property owned by the debtor and is free of other charges, increasing the likelihood both of the local authority being able to enforce a sale and there being sufficient equity to meet the debt. 

HM Courts and Tribunal Service’s guidance document What to do if you have a judgment but the defendant has not paid (EX321) provides more detail of potential routes of enforcement and links to other guidance. 

Income from civil penalties 

Income received from civil penalties must be used by local housing authorities to meet costs and expenses incurred in or associated with their private rented sector enforcement functions. Income that is not used for this purpose must be paid to central government. Refer to the following legislation:

• paragraph 4 of The Rent Repayment Orders and Financial Penalties (Amounts Recovered) (England) Regulations 2017 for civil penalties under the Housing Act 2004

• paragraph 4 of The Housing (Management Orders and Financial Penalties) (Amounts Recovered) (England) Regulations 2018 for civil penalties under the Housing and Planning Act 2016

• paragraphs 12 to 13 of schedule 5 to the Renters’ Rights Act 2025 for civil penalties under the Renters’ Rights Act 2025

• paragraphs 12 to 14 of schedule A1 to the Protection from Eviction Act 1977, inserted by section 58 of the Renters’ Rights Act 2025 for civil penalties under the Protection from Eviction Act 1977

• paragraphs 12 to 14 of schedule 2ZA to the Housing Act 1988 inserted by section 16 of the Renters’ Rights Act 2025 for civil penalties under the Housing Act 1988

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