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Civil penalty

A fine a council can impose on a landlord or agent instead of prosecuting, for breaches of housing law such as letting an unlicensed HMO or ignoring an improvement notice.

In short: A civil penalty is a financial penalty imposed by the council without going to court. For many housing offences under the Housing Act 2004 it can be up to £40,000 since 1 May 2026. The Renters' Rights Act adds penalties for new breaches, such as not registering on the PRS Database.

Licensing and registrationThe Renters’ Rights Act

England. Checked against the law on 5 October 2026. Information, not legal advice.

Where they apply, in outline:

  • Housing Act 2004 offences (unlicensed HMOs or homes, improvement notices, HMO management): up to £40,000 (section 249A, raised from £30,000 on 1 May 2026).
  • Renters' Rights Act breaches, such as the written statement, rental bidding or the PRS Database: up to £7,000, and up to £40,000 for repeated or more serious breaches.
  • Tenant Fees Act breaches: £5,000 for a first breach, more for a repeat.
  • Smoke and CO alarms and electrical safety: penalties set by their own regulations.

The council must give notice of its intention, and the landlord can make representations and appeal to the First-tier Tribunal. A penalty can also lead to a rent repayment order and a database entry.

Related: Rent repayment order, Improvement notice, PRS Database

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