This policy is intended to work in accordance with Leeds City Council – Enforcement Policy (the Enforcement Policy) published by the council and the statutory guidance ‘Civil Penalties under the Renters’ Rights Act 2025 and other housing legislation’ published by the Ministry of Housing Communities and Local Government (MHCLG).
In the MHCLG statutory guidance the term "civil penalty" is used, while the applicable legislation uses the term "financial penalty". This document follows the MHCLG guidance in using the term "civil penalty", but the terms "civil penalty" and "financial penalty" are interchangeable.
Scope
The following policy applies in respect of civil penalties considered under the following legislation:
- certain housing offences as defined by s.249A Housing Act 2004;
- banning order offence under s.21 Housing and Planning Act 2016;
- breaches under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020;
- breaches in relation to rental discrimination in the market under sections 33 and 34 of the Renters’ Rights Act 2025;
- breaches in relation to rental bidding under section 56 of the Renters’ Rights Act 2025;
- breaches and offences in relation to landlord redress schemes and the private rented sector database under Part 2 of the Renters’ Rights Act 2025;
- offences in relation to unlawful eviction and harassment of occupiers under sections 1 and 1A of the Protection from Eviction Act 1977;
- offences and breaches in relation to tenancies under Part 1 of the Housing Act 1988;
- under s.6A of the Housing Act 2004 where enforcement action is taken in relation to category 1 hazards.
This policy does not cover financial penalties which may be imposed for breaches of:
- The Energy Efficiency (Private Rented Property) (England) Regulations 2015 (Minimum level of energy efficiency standard (MEES) statement of principles);
- The Smoke and Carbon Monoxide Alarms (England) Regulations 2015 (Smoke and carbon monoxide statement of principles) and
- The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 ; and
- The Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014 Property redress policy. These are covered in separate policies.
Introduction
Section 107 of the Renters’ Rights Act 2025 imposes a duty on the council to enforce ‘landlord legislation’. This means that the council is under a duty to investigate and, if appropriate, take enforcement action, such as imposing a financial penalty or instigating criminal proceedings, in relation to:
- breaches in relation to discrimination in the market under sections 33 and 34 of the Renters’ Rights Act 2025
- breaches in relation to proposed rent and rental bidding under section 56 of the Renters’ Rights Act 2025
- breaches and offences in relation to landlord redress schemes and the private rented sector database under Part 2 of the Renters’ Rights Act 2025;
- offences in relation to unlawful eviction and harassment of occupiers under sections 1 and 1A of the Protection from Eviction Act 1977; and
- breaches and offences in relation to tenancies under Chapter 1 of Part 1 of the Housing Act 1988
Civil penalties are an imposed in respect of offences as an alternative to prosecution under the following provisions:
- Section 30 Housing Act 2004 – failure to comply with an improvement notice,
- Section 72 Housing Act 2004– offences relating to mandatory licensing of Houses in Multiple Occupation (HMO)
- Section 95 Housing Act 2004 – offences relating to licensing under Part 3 of the Housing Act 2004
- Section 139 Housing Act 2004– failure to comply with an overcrowding notice
- Section 234 Housing Act 2004 – breach of management regulations in respect of HMO
- Section 1 Protection of Eviction Act 1977 – unlawful eviction and harassment
- Section 16J Housing Act 1988 - various tenancy related offences
- Section 21 Housing and Planning Act 2016 - breach of a banning order
Civil penalties are imposed in respect of breaches of duty (where there is not an option to prosecute) under the following provisions:
- Regulation 11 of the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (the Electrical Regulations) - breach of a duty under regulation 3
- Section 16D and 16E Housing Act 1988 - various tenancy related breaches
- Sections 33 and 34 Renters’ Right’s Act 2025 – discrimination against prospective tenants on grounds that they are in receipt of benefits or with children
- Section 56 Renters’ Right’s Act 2025 - failing to advertise proposed rent for a property or inviting, encouraging or accepting rent greater than that advertised
- Section 6A Housing Act 2004- imposing a civil penalty on the ‘responsible person’ if, in the opinion of the local housing authority, it would have been reasonably practicable for that person to secure the removal of the hazard
The government has laid out statutory guidance as to the process and the criteria that need to be considered when determining civil penalties. These are:
- severity of the offence
- culpability and track record of the offender
- harm caused
- punishment of the offender
- deter the offender from repeating the offence
- deter others from committing similar offences
- remove any financial benefit the offender may have obtained as a result of committing the offence
The council may impose a civil penalty of up to £7,000 for breaches of duty in most cases. However, breaches of duty under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (the Electrical Regulations) are subject to a civil penalty of up to £40,000.
For penalties imposed in respect of offences as an alternative to prosecution, the council may impose a civil penalty of up to £40,000. In determining the level of any penalty, a council will have regard to local circumstances, the relevant local enforcement policy and the relevant Government guidance detailing the factors to take into account, as shown above.
What is the burden of proof for a civil penalty
Before imposing a civil penalty on a person in respect of any offence, the council must be satisfied beyond reasonable doubt that the person’s conduct amounts to that offence.
In respect of civil penalties imposed in respect of a breach of duty, the council must be satisfied beyond reasonable doubt that the person’s conduct amounts to a breach of that duty under the following provisions:
- Regulation 11 of the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (the Electrical Regulations) - breach of a duty under regulation 3
- Section 16D and 16E Housing Act 1988 - various tenancy related breaches
With regards to the offences and breaches which require the council to be satisfied beyond reasonable doubt, the council will have regard to the "Crown Prosecution Service Code for Crown Prosecutors" published by the Director of Public Prosecutions when considering the evidence.
The council will consider:
- does the evidence prove beyond reasonable doubt that an offence has been committed by the landlord – see Evidentiary Stage of the Full Code Test in the "Crown Prosecution Service Code for Crown Prosecutors" published by the Director of Public Prosecutions
- is there a public interest in imposing a civil penalty on the landlord in respect of the offence – Public Interest Stage of the Full Code Test in the "Crown Prosecution Service Code for Crown Prosecutors" published by the Director of Public Prosecutions
- has the council considered its own Enforcement Policy when deciding to impose the civil penalty including the alternative option of prosecuting for the offence
In respect of civil penalties imposed in respect of a breach of duty, the council must be satisfied on the balance of probabilities (for example is it more likely than not) that the person’s conduct amounts to a breach of that duty under the following provisions:
- Sections 33 and 34 Renters’ Right’s Act 2025 – discrimination against prospective tenants on grounds that they are in receipt of benefits or with children
- Section 56 Renters’ Right’s Act 2025 - failing to advertise proposed rent for a property or inviting, encouraging or accepting rent greater than that advertised
- Section 6A Renters Rights Act 2025 – in the authority's opinion when first taking action of imposing a civil penalty on the responsible person where it would have been reasonably practicable for that person to secure the removal of the category 1 hazard
Where breaches are on the balance of probability the council will consider the evidence available to look at whether in its opinion it is more likely to have occurred than not.
All decisions as to whether or not to pursue a civil penalty will be taken in accordance with the Enforcement Policy covering Private Sector Housing.
Process for imposing a civil penalty
Where it is considered (subject to any representations received from the person in question) that it appears appropriate to impose a civil penalty, the council will follow the following process:
A "Notice of Intent" shall be served on the person against whom the civil penalty is proposed. The notice shall specify:
- the amount of any proposed civil penalty
- the reasons for proposing the penalty
- information about the right to make representation to the council
- the date on which the notice of intent is given
The person to whom the notice relates will be given 28 days to make written representation to the council about the proposal to impose a civil penalty.
Representations can be made about the imposition of a penalty (including whether an offence or breach has been committed) and/or about the proposed amount of the penalty, including any mitigating circumstances. To enable the council to consider any representations made, it is the responsibility of the recipient of the notice to provide appropriate and satisfactory documentary evidence to support their submission. Failure to provide such evidence may mean that the council will not be able to consider any representation made.
Representations can only be made by the recipients served with a Notice of Intention. No other parties have an automatic right to make representations, and the council will determine whether to consider any such information on a case-by-case basis.
Following the end of the 28 day period and having considered any valid representations received, the council will decide:
- whether it is satisfied to the relevant burden of proof (as set out in the section above) that the relevant offence/breach of duty has been committed by the person
- whether to impose a civil penalty on the person, and
- the final amount of any such penalty to be imposed
If the council decides to impose a civil penalty, a final notice will be issued imposing that penalty. The final notice will specify:
- 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 to the First-Tier Tribunal and
- the consequences of failure to comply with the notice
- the date on which the final notice is given
The period for payment of any civil penalty will be 28 days from the date of the final notice.
The council can at any time withdraw either the Notice of Intent or Final Notice or reduce the level of penalty imposed. This will be via a written notice to the person on whom the notice has been served.
If the council decides to withdraw a civil penalty, and where it relates to a penalty which has been imposed as an alternative to a prosecution, it has the right to pursue a prosecution against the landlord for the original offence for which it was imposed. Each case will be considered on its merits and be in the public interest in line with CPS guidance.
A landlord on whom a Final Notice has been served has a right of appeal to the First-Tier Tribunal. The appeal would be against the council decision and if made would suspend the civil penalty until the appeal is determined or withdrawn.
Payment of the civil penalty will be within 28 days of the date of the Final Notice, unless appealed. Where appealed and the Notice is confirmed it will be for the Tribunal to specify the period in which the landlord is to pay any fine imposed.
Prompt payment discount
The council may offer a discount for first-time offenders for the prompt payment of a civil penalty. The discount applied will be a third off the penalty, unless this falls below the ‘minimum level’ for the civil penalty, in which case the minimum level of the civil penalty will be offered.
Where prompt payment is offered by the council, the reduction will only be available to the landlord when the council serves the Final Notice, and is conditional upon the following criteria being met:
- payment of the net civil penalty (after the one-third reduction) is made in full within 28 days of the date of the Final Notice (UNLESS this falls below the minimum level for any civil penalty, in which case the minimum level of the civil penalty will be offered)
- any outstanding issues or works are fully completed within the same period
- no appeal is made against the penalty
- it is the first civil penalty imposed on the person and they have not received any prior convictions for housing-related offences
In default of the above conditions the offer of a reduction will be withdrawn, and the full amount of the penalty will become payable.
Minimum penalty
Given the overall Government intention to defer offenders from repeat offending, act to deter others from committing similar offences and punish offender then the minimum penalty set for each offence will be 25% of Government’s or council’s starting point in order to achieve these aims as set out in the guidance.
Financial means
In setting a civil penalty, the council may conclude that the offender is able to pay the penalty imposed unless the offender has supplied satisfactory financial information to the contrary.
It is for the offender to disclose to the council such data relevant to his financial position as this will enable it to assess and determine what they can reasonably afford to pay.
Where the council is not satisfied that it has been given sufficient reliable information, the council will be entitled to draw reasonable inferences as to the offender's means from evidence it has heard and from all the circumstances of the case.
This may include the inference that the offender can pay the proposed civil penalty. However, when considering the level of any civil penalty the final determining factor will always be the level of financial gain as a result of the landlord's failure to comply with the relevant legislation.
Consequences of a civil penalty
In the case of civil penalties which have been imposed as an alternative to criminal proceedings, a penalty cannot be imposed on a person where that person has already been convicted of an offence in respect of that conduct, or if criminal proceedings have been started and have not been concluded.
In cases where a person is applying for a licence in respect of a licensable HMO under Part 2 or a property in a selective licensing area under Part 3 Housing Act 2004, the council will take into account any civil penalties imposed against that person when determining the licence and whether such a person meets the ‘fit and proper person’ test. The council will consider each case on its merits including the reasons for the penalty and the extent of the person's involvement in any property under consideration.
Where a person has received two financial penalties under the Housing Act 2004 or the Protection from Eviction Act 1977 in any 12-month period, irrespective of the locality to which the offences were committed, the council will consider making an entry on the national database of rogue landlords and property agents. When considering making an entry, the council will have regard to any guidance issued by the Secretary of State and in line with the council policy banning orders and the national rogue landlord database.
Where a person has received a civil penalty in respect of an offence which a Rent Repayment Order (RRO) can be sought and a RRO is subsequently applied for by the tenant and/or council, the Tribunal must make a Rent Repayment Order for the maximum amount (save for exceptional circumstances).
Determining the level of the civil penalties
Section 63 Sentencing Act 2020 states ‘Where a court is considering the seriousness of any offence, it must consider:
- the offender's culpability in committing the offence, and
- any harm which the offence
- caused,
- was intended to cause, or
- might foreseeably have caused
In accordance with the statutory guidance ‘Civil Penalties under the Renters’ Right’s Act 2025 and other housing legislation’ published by the Department of Housing Communities and Local Government ('the Statutory Guidance’), the council will determine the level of the civil penalties in four steps:
- determine the seriousness of the breach or offence (apply the starting point)
- apply aggravating and mitigating factors – based on case-specific factors of culpability and harm
- financial considerations
- totality
Step 1 determine the seriousness of the breach or offence (starting point)
The starting point for most offences and breaches are set out in the Statutory Guidance (Civil penalties under the Renters' Rights Act 2025 and other housing legislation.
The council has determined the starting point for offences under s.72(2) and s.95(2) Housing Act 2004 and for breaches of the Electrical Regulations. In setting these starting points, the council has had regard to the degree of culpability and harm inherent in each offence and the starting points set out in the statutory guidance for other offences, where there is a similarity between the respective offences. For example, the council notes that the failure to provide adequate waste disposal facilities has been set at £7,000 under the management regulations and so has adopted the same starting point for a breach of a licence condition relating to the waste disposal facilities.
Starting points for each offence are set out in Appendix 2 of the policy.
Step 2 apply aggravating and mitigating factors
In order to determine the final penalty level, the council will consider whether any aggravating or mitigating factors apply to the offence/breach. Each factor applied will increase or reduce the initial penalty level.
Not all aggravating and mitigating factors carry the same weighting. Given this is the case, each factor has been weighted based on the criteria below which attracts a different financial level/penalty. These are either fixed or varied depending on each factor.
The weighting of each factor is based on the severity of that factor and the impact it has on the case, taking into account the actions of the landlord and impact on the tenant(s). This is intended to ensure that all penalties are reasonable and fair based on individual factors in each case.
Appendix 1 has a non-exhaustive list of aggravating and mitigating factors which are applicable for all or some offences/breaches.
What is meant by a vulnerable individual
The statutory guidance states that the harm caused and vulnerability of the individual occupier(s) are important factors in determining the level of penalty. A vulnerable individual is one who is at greater risk of harm, and therefore the penalty should be greater when vulnerability is an issue.
Who would we consider as a vulnerable individual(s):
- elderly person
- children
- pregnant women
- receives domiciliary care
- has health needs – mental health, drug dependency, alcohol dependency, terminally ill
- requires assistance in conducting their own affairs
- has payments made to him/her or to an accepted representative in pursuance of arrangements under the Health and Social legislation
- receives a service or participates in any activity provided specifically for persons who have particular needs because of age, has any form of disability or has a prescribed physical or mental problem
- those who have difficulty in understanding, speaking or reading English
- an individual in a difficult situation such as bereavement or threat of deportation
The above list is not exclusive and other factors may affect vulnerability when considering the level of any penalty.
Step 3 financial considerations
In order to determine whether the 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 council will consider:
- the information it has available to it in respect of an offender’s financial means; and
- any financial benefit which the offender may have gained from committing the offence (financial gain)
The council may use its powers under section 114 and 115 of the Renters’ Rights Act 2025 or section 235 of the Housing Act 2004 to require financial information from persons for the purposes of determining the level of any civil penalty.
In the absence of evidence supplied by the offender about their financial circumstances, or where the council is not satisfied that it has been given sufficiently reliable information, it will draw the inference that they are able to pay the civil penalty.
When determining any gain as a result of the offence the council will take into account facts which may be deemed as obtaining a financial gain. These could include the following:
- cost of the works required to comply with the legislation where the landlord puts himself in a position where he no longer needs to comply (i.e. sells the property rather than carrying out the works);
- any licence fees avoided.
To ensure that the penalty both removes any gain obtained from the offence and punishes the offender and deters from future offending, the eventual level of the civil penalty should not be less than the amount of financial gain made from the offence plus £2,000 or 10% of the amount of the financial gain, whichever is greater (subject to the statutory maximum penalty of £40,000).
The council does not propose to apply any percentage adjustment to the level of the penalty based on local rent levels.
Step 4 totality
If issuing a civil penalty for more than one offence or breach of duty, the council will consider whether the total penalties are just and proportionate to the offending behaviour.
Where the offender is issued with more than one civil penalty, the council should consider the following guidance from the definitive guideline on Offences Taken into Consideration and Totality.
The total civil penalty is inevitably cumulative.
The council should determine the civil penalty level for each individual offence based on the seriousness of the offence and taking into account the circumstances of the case including the financial circumstances of the offender so far as they are known, or appear, to the council.
The council should add up the civil penalties for each offence and consider if they are just and proportionate overall.
If the aggregate total is not just and proportionate the council should consider how to reach a just and proportionate aggregated civil penalty. There are a number of ways in which this can be achieved.
For example:
- where an offender is to be penalised for two or more offences that arose out of the same incident or where there are multiple offences of a repetitive kind, especially when committed against the same person, it will often be appropriate to impose a civil penalty for the most serious offence. This should reflect the totality of the offending where this can be achieved within the maximum penalty for that offence. In this case no separate penalty should be imposed for the other lesser offences.
- where an offender is to be penalised for two or more offences that arose out of different incidents, it will often be appropriate to impose separate civil penalties for each of the offences. The council should add up the civil penalties for each offence and consider if they are just and proportionate. If the aggregate amount is not just and proportionate the council should consider whether all of the civil penalties can be proportionately reduced. Separate civil penalties should then be imposed.
Where separate civil penalties are imposed, the council must be careful to ensure that there is no double-counting.
Recording of the decision
A record of each decision to impose a civil penalty, together with the reasons for imposing the civil penalty and how the amount was determined will be made by an officer.
Collecting civil penalty debt
The council will seek to recover all civil penalty debts.
If the civil penalty imposed is not paid within the appropriate time period, either 28 days from the date of the Final Notice or within such time as determined by the First-Tier Tribunal, the council will commence proceedings to recover the debt owed. This will include the recovery of any additional costs to the council from having to undertake such action. This process will be in accordance with the council's existing recovery policy and procedures for the collection of such debt including pursuance of the debt via the county courts if appropriate.
A certificate signed by the Chief Finance Officer for the Authority including the outstanding amount due will be accepted by the courts as conclusive proof of any outstanding payment due to the council.
The council may consider as part of its debt recovery:
- warrant or writ of control – allows goods to be taken to satisfy the judgement debt
- attachment of earnings order – deductions from a person’s salary
- charging order – prevents the sale of an asset, usually property, without payment of the debt
- third party debt order – freezes bank accounts for the benefit of the creditor
- bankruptcy proceedings – a petition to the court for a bankruptcy order to collect a creditors debt, where the debt is over £5,000.
Appendix 1
Aggravating and mitigating factors
| List of all aggravating factors | Definition of factor | Impact of factor on the penalty |
|---|---|---|
| Record of unspent previous convictions and/or civil penalties | Evidence to demonstrate an offender has a history of prosecutions or civil penalties which are housing related. | Where the offender has had one previous prosecution and/or civil penalty for housing related offences/breaches, a 5% increase will be added to the fine level. Where there have been two previous prosecutions/civil penalties, a 10% increase will be added. Where there have been three or more prosecutions/civil penalties, a 20% increase will be added. |
| Member of a recognised landlord association or accreditation scheme | Members of accreditation schemes should be aware of their legal duties and be competent property management professionals. Members also receive benefits from membership such as licence fee discounts and waste disposal concessions. | This has been determined as a low aggravating factor attracting a 5% increase to the fine level. This is because the offender has identified themselves as being a reputable landlord who commits to higher standards and derives benefits from membership. |
| Significant or Professional Landlord/Managing Agent | A significant or professional landlord or managing agent is someone who owns or manages 5 or more properties. | This has been determined as a moderate aggravating factor attracting a 10% increase to the fine level. This is because they ought to be more aware of their legal duties and have sufficient systems in place to manage their portfolio. |
| Public Figure | A public figure is someone whose actions would bring disrepute to the public body they represent. This can include but is not limited to Members of Parliament, Local Government Councillors, Council employees or other public servants who should be aware of their duties as a landlord or property manager. | This has been determined as a moderate aggravating factor attracting a 10% increase to the fine level. This is because a public figure involved with legislative processes is expected to uphold high standards of office. |
| Market Advantage | Circumstances where evidence demonstrates the offender has obtained an advantage in the rental market. This may include but is not limited to selling a property before carrying out remedial works required by a legal notice or avoiding paying a fee which is required to ensure regulatory compliance. | This has been determined as a moderate aggravating factor attracting a 10% increase to the fine level. This is because they have derived a financial benefit from their illegal actions. |
| Deliberate obstruction of the investigation | Circumstances where evidence demonstrates the offender has deliberately obstructed the Council's investigation. This may include (but is not limited to) preventing an officer accessing a property, concealing or destroying evidence, providing false or misleading information, or preventing a witness approaching the council. | This has been determined as a severe aggravating factor attracting a 20% increase to the fine level. This is because they have intentionally attempted to impede a lawful investigation and cover up illegal activity. |
| Property in a poor state of repair (where the offence/breach does not relate to the condition of the property) | This factor will be applied in circumstances where the civil penalty is not directly related to the condition of the property, however, the property is in a poor state of repair. Poor state of repair is defined as the presence of defects or deficiencies. | The condition of the property will be classified as being in either a low, moderate or severe state of disrepair. Classification will be dependent upon the case officer’s professional judgement. Low level, which attracts a 5% increase to the fine level, may include issues such as minor areas of damp and mould, worn floor coverings, poor internal decoration, or damaged external fencing. Moderate level, which attracts a 10% increase to the fine level, may include issues such as loose electrical sockets, damaged kitchen facilities, defective rainwater goods or uneven paving flags. Severe level, which attracts a 20% increase to the fine level, may include issues such as extensive damp and mould, missing or defective smoke alarms, damaged or missing fire doors, lack of sufficient heating, or insecure entrance doors. |
| Condition of the property (where the offence/breach is connected to the condition of the property) | This factor will be applied in circumstances where the offence/breach is a result of the property being in a poor state of repair. The starting fine levels for each offence have been determined by Government with regards to the seriousness (harm and culpability) of the offence. This aggravating factor will be applied where the circumstances of the offence/breach are considered to be more severe than the average to which the starting level accounts for. For example (but not limited to) where a formal notice has been served for numerous severe hazards or deficiencies or where the cumulative impact or the hazards or deficiencies is severe (and those hazards remain at the time at which the offence was committed). | This has been determined as a moderate aggravating factor attracting a 10% increase to the fine level. This is because the circumstances of the case exceed the level of non-compliance ordinarily witnessed for this offence. |
| Record of letting substandard accommodation and/or record of poor property management | Where the offender has a history of private sector housing enforcement action, formally or informally. This factor will be applied where the Council can demonstrate that they have previously advised the offender of their legal obligations or taken action on two or more prior occasions. | This has been determined as a moderate aggravating factor attracting a 10% increase to the fine level. This is because there is a pattern of behaviour of failing to meet legal obligations. |
| Offence continued over a prolonged period of time | Where there is evidence to prove the offence was continuing for a prolonged period prior to the Council witnessing the offence/breach, or where the circumstances amounting to an offence/breach have not been rectified following a prolonged period after the offence date. A prolonged period is defined as 6 months or longer. | This has been determined as a low aggravating factor attracting a 5% increase to the fine level. This is due to the increased possibility of a harm occurring from the offence/breach and/or the offenders’ lack of awareness of their non-compliance. |
| Number of opportunities to remedy non-compliance/defects | Where there is evidence the offender has been made aware of the non-compliance/defects and given the opportunity to remedy the non-compliance/defects before formal action has been taken. This may include, but is not limited to, evidence the occupier has notified the offender of the issues prior to Council involvement, or where the council has provided the offender time to rectify issues before resorting to formal action. | Where an offender has had a number of opportunities to remedy the non-compliance/defects but has failed to do so, the Council will consider the number of opportunities given to the offender before formal action was taken. Where the offender has had one opportunity to comply, this has been determined to be a low-level factor and will attract a 5% increase to the fine level. Where the offender has had two opportunities to comply, this has been determined to be a moderate-level factor and will attract a 10% increase to the fine level. Where the offender has had three or more opportunities to comply, this has been determined to be a severe-level factor and will attract a 20% increase to the fine level. |
| The occupiers of the property are vulnerable | See list of those defined as vulnerable in this policy. | This has been determined as a moderate aggravating factor attracting a 10% increase to the fine level. This is because exposing vulnerable individuals to properties which are not compliant with legal requirements can pose an increased risk to these individuals. |
| Offence resulted in actual harm to a person | Circumstances where there is evidence that as a direct result of the offence/breach the occupier(s) or visitor(s) to the property have suffered harm. This can include harm to physical or mental health. | Where an offence has resulted in actual harm to an occupier or visitor, the level of harm will be determined as either a low, moderate or severe aggravating factor. A low aggravating factor, which attracts a 5% increase to the fine level, may include minor physical symptoms or a short-term impact on health and wellbeing. A moderate aggravating factor, which attracts a 10% increase to the fine level, may include a medically diagnosed illness or injury which requires treatment or intervention. A severe aggravating factor, which attracts a 20% increase to the fine level, may include a medically diagnosed serious illness or injury which requires long-term treatment or intervention, or is irreversible. |
| Any other aggravating factor | Any other aggravating factor the council believes should be considered when calculating the level of the fine. | 5%, 10% or 20% dependent on the circumstances. |
| List of all mitigating factors | Definition of factor | Impact of factor on the penalty |
|---|---|---|
| No previous housing-related convictions or civil penalties | The offender has no previous housing related convictions, nor have they received any housing-related civil penalties. | This has been determined as a significant mitigating factor attracting a 20% deduction to this fine level. This is because to date, the offender has a clean record and is not a persistent offender. |
| Systems in place to manage risk or legal duties but these failed or were insufficient. | The offender had put arrangements in place to comply with their legal duties, however, these arrangements failed or were insufficient to prevent offending. | This has been determined as a low mitigating factor attracting a 5% deduction to the fine level. This is because although steps were taken to try ensure compliance, this does not negate the fact a breach/offence has occurred. |
| Steps taken to resolve the non compliance | As soon as the Council identified and notified the offender (either verbally or in writing) of the non-compliance, they immediately (within 7 days) took steps to remedy the non-compliance. | This has been determined as a moderate mitigating factor attracting a 10% deduction to the fine level. This is because the offender has immediately corrected their offending behaviour for which they should be credited. |
| Undertaken relevant housing training | There is evidence that, after the offence date, the offender has undertaken a relevant housing related training course by a recognised training provider. | This has been determined as a low mitigating factor attracting a 5% deduction to the fine level. This is because the offender has taken steps to improve their knowledge about housing legislation to prevent future offending. |
| Property in a good state of repair (where the offence/breach is not related to property conditions) | The property does not warrant intervention by the Council to address the occupiers’ living conditions. | This has been determined as a significant mitigating factor attracting a 20% deduction to the fine level. This is because the condition of the property does not pose a risk to the health and safety of the occupiers. |
| Condition of the property (where the offence/breach is connected to the condition of the property) | This factor will be applied in circumstances where the offence/breach is a result of the property being in a poor state of repair. However, the starting fine levels for each offence have been determined by Government with regards to the seriousness (harm and culpability) of the offence. This mitigating factor will be applied where the circumstances of the offence/breach are considered to be less severe than the average to which the starting level accounts for. For example (but not limited to) where a formal notice has been served for lower risk hazards/deficiencies, or where partial compliance has been achieved. | This has been determined as a moderate mitigating factor attracting a 10% deduction to the fine level. This is because the circumstances of the case are less severe than the level of non-compliance ordinarily witnessed for this offence. |
| Accepts responsibility and/or guilt for the offence | The offender, at the first reasonable opportunity accepts responsibility for their conduct and makes an admission of guilt. | This has been determined as a significant mitigating factor attracting a 20% deduction to the fine level. This is because the offender has accepted responsibility and admitted guilt at the first opportunity and should be rewarded for doing so. |
| Health or personal reasons or vulnerability preventing compliance | Evidence demonstrating the offender’s capacity to comply with their legal responsibilities was significantly reduced due to ill-health, poor wellbeing, vulnerabilities or personal reasons. | This has been determined as a moderate mitigating factor attracting a 10% deduction to the fine level. This is because their personal circumstances made it more difficult for them to comply with their legal responsibilities. |
| Owns or manages two or less rental properties | Offenders who own or manage no more than two private residential rental properties. | This has been determined as a moderate mitigating factor attracting a 10% deduction to the fine level. This is because those who own or manage a small number of properties are generally less likely to operate as professional landlords and may have less access to specialist support and resources. |
| Element of occupier responsibility | Evidence demonstrating the occupier’s actions contributed to the offence. This may include, but is not limited to, damaging the property or denying access for works to be completed. | This has been determined as a moderate mitigating factor attracting a 10% deduction to the fine level. This is because it can be proven that an element of responsibility for the non-compliance rests with the occupier(s) which was beyond the control of the offender. |
| Any other mitigating actor | Any other mitigating factor the Council believes should be considered when calculating the level of the fine. | 5%, 10% or 20% dependent on the circumstances. |
Appendix 2
Starting point for offences/breaches under the policy
|
Protection from Eviction Act 1977 |
|
|---|---|
|
Offence |
Civil Penalty starting point |
|
Unlawful eviction and harassment (s.1(2) and (3) |
£35,000 |
|
Housing Act 1988 - breaches |
|
|---|---|
|
Breach |
Civil Penalty starting point |
|
Attempting to let the property for a fixed term (s.16E(1)(a)) |
£4,000 |
|
Attempting to end the tenancy by service of a notice to quit (s.16E(1)(b)) |
£6,000 |
|
Attempting to end the tenancy orally, or require that it is ended orally (s.16E(1)(c)) |
£6,000 |
|
Serving a possession notice that attempts to end the tenancy outside of the prescribed section 8 process (s.16E(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 (s.16E(1)(e)) |
£6,000 |
|
Failing to provide a tenant with prior notice that a ground which requires it may be used (s.16E(1)(f)) |
£3,000 |
|
Failing to issue a written statement of terms within 28 days of an assured tenancy coming into existence (s.16D) |
£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 |
|
Housing Act 1988 - offences |
|
|---|---|
|
Offence |
Civil Penalty starting point |
|
Relying on a ground knowing the landlord would not be able to obtain possession or being reckless as to whether they would (s.16J(1) |
£30,000 |
|
Reletting or remarketing a property within the 12 month no-let period after using the moving or selling grounds (s.16J(2)) |
£25,000 |
|
Continuing breach, or repeat breach committed within 5 years of receiving a penalty for first breach (s.16J(3) and (4)) |
Double the starting level for the two constituent breaches added together |
|
Housing Act 2004 Offences |
|
|---|---|
|
Offence |
Civil Penalty starting point |
|
Failure to comply with an improvement notice (s.30(1)) |
£25,000 |
|
Mandatory HMO unlicensed (s.72(1)) |
£17,000 |
|
Additional HMO unlicensed (s.72(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 |
|
Power to impose a civil penalty for a category 1 hazard (s.6A Housing Act 2004) |
£6,000 |
|
Breach of HMO management regulations (SI 2006/372 and SI 2007/1903 (in respect of s.257 HMOs) made under s.234(1) Housing Act 2004 |
|
|---|---|
|
Offence |
Civil Penalty starting point |
|
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 |
£12m000 |
|
Failure to maintain common parts |
£7,000 |
|
Failure to maintain living accommodation |
£7,000 |
|
Failure to provide adequate waste disposal facilities |
£7,000 |
|
Housing and Planning Act 2016 |
|
|---|---|
|
Offence |
Civil Penalty starting point |
|
Breach of a banning order (s.21(1)) |
£35,000 |
|
Renters Right Act 2015 |
|
|---|---|
|
Breaches |
Civil Penalty starting point |
|
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 |
|
Regulation 11 of the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (the Electrical Regulations) - breach of a duty under regulation 3 |
|
|---|---|
|
Offence |
Civil Penalty starting point |
|
Failure to provide electrical report upon request under Regulation 3(3)(c) |
£12,000 |
|
Failure to ensure electrical safety standards are met under Regulation 3(1)(a), (b) and (c) |
£12,000 |
|
Failure to undertake urgent remedial action as required under Regulation 3(4) |
£20,000 |
|
Any other breach of duties under Regulation 3 |
£7,000 |
|
s.72(3) and s.95(2) Housing Act 2004 – breaches of licence conditions |
|
|---|---|
|
Offence |
Starting Point |
|
Failure to comply with conditions relating to the safety of the property, including:
|
For breaches of selective licensing condition, the starting point is £12,000
For breaches of HMO conditions (mandatory or additional licencing) the starting point is £14,400 (to reflect the higher risk of harm in HMO) |
|
Failing to comply with conditions relating to the provision of amenities, including:
|
£12,000 |
|
Failing to comply with conditions relating to tenancy administration, including:
|
£3,000 |
|
Failing to comply with all other conditions, including:
|
£7,000 |
