Offences and breaches where a civil penalty may be levied and relevant considerations as to the level of that penalty (Part 1) - Private Rented Sector Housing Civil Penalties Policy
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:
- None.
Offence-specific aggravating factors:
- Violence or threats of violence.
- Disposal of possessions or threats to dispose of possessions.
- Breach or evasion of an injunction or undertaking.
- Loss of home.
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 |
Breach-specific mitigating factors:
- Provision of some of the required terms and prescribed information within the required period.
Breach-specific aggravating factors:
- None.
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 |
Breach-specific mitigating factors:
- None.
Breach-specific aggravating factors:
- None.
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 |
Breach-specific mitigating factors:
- None.
Breach-specific aggravating factors:
- Tenant vacates property within four months of the attempt to end a tenancy by service of a 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 |
Breach-specific mitigating factors:
- None.
Breach-specific aggravating factors:
- Tenant vacates property within four months of the attempt to end a tenancy orally.
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 |
Breach-specific mitigating factors:
- None.
Breach-specific aggravating factors:
- Tenant vacates property within four months of the attempt to end a tenancy outside the prescribed Section 8 process.
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 |
Breach-specific mitigating factors:
- None.
Breach-specific aggravating factors:
- None.
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 |
Breach-specific mitigating factors:
- None.
Breach-specific aggravating factors:
- None.
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 (The power to impose a civil penalty for this breach is contained in Section 16I(1) of the Housing Act 1988, as amended by paragraph 7(1) 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 |
Breach-specific mitigating factors:
- Provision of some of the required prescribed information within the required period.
- Provision of prescribed information but not in the prescribed form.
Breach-specific aggravating factors:
- None.
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:
- None.
Offence-specific aggravating factors:
- None.
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:
- None.
Offence-specific aggravating factors:
- None.
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:
- None.
Offence-specific aggravating factors:
- None.
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 incident.
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 |
Breach-specific mitigating factors:
- None.
Breach-specific aggravating factors:
- None.
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 |
Breach-specific mitigating factors:
- None.
Breach-specific aggravating factors:
- None.
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 |
Breach-specific mitigating factors:
- None.
Breach-specific aggravating factors:
- None.
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 |
Breach-specific mitigating factors:
- None.
Breach-specific aggravating factors:
- None.
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 |
Breach-specific mitigating factors:
- The report or record evidences that the electrical installations were compliant at all points.
Breach-specific aggravating factors:
- The number or nature or severity of the issues observed on the report or record.
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 |
Breach-specific mitigating factors:
- The report or record evidences that the electrical installations were compliant at all points.
Breach-specific aggravating factors:
- The number or nature or severity of the issues observed on the report or record.
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 |
Breach-specific mitigating factors:
- None.
Breach-specific aggravating factors:
- The number or nature or severity of the issues observed on the report or record.
