What can landlords be fined for in England? A checklist

Every penalty a private landlord in England can face, with the official maximum for each: the Renters' Rights Act's £7,000 and £40,000 civil penalties, rent repayment orders of up to two years' rent, deposits, fees, right to rent, gas, electrics, alarms, energy ratings and licensing. Maxima only, from GOV.UK and the legislation; councils set their own starting points.

In short: Since 1 May 2026 a council can fine a landlord up to £7,000 for a first breach of the Renters' Rights Act's tenancy rules and up to £40,000 for an offence or a continued or repeat breach, instead of prosecuting. On top sit the older maxima: a rent repayment order of up to two years' rent, one to three times a deposit that was not protected, £5,000 then £30,000 under the Tenant Fees Act, £10,000 then £20,000 per tenant for right to rent, £30,000 for electrical safety, £5,000 per breach for smoke and carbon monoxide alarms, £5,000 per home for an EPC below E, and prosecution for gas safety. The figures below are the statutory maxima; what a council actually charges follows its published policy.

The Renters’ Rights Act Safety certificates and the home Licensing and registration Money, tax and insurance

England. Checked against the law on 30 October 2026. Information, not legal advice.

How to read this list

Each line gives the official maximum, where it comes from, and what triggers it. A council does not charge the maximum as a matter of course: since 13 November 2025 it must follow the government's statutory guidance on civil penalties, which sets a starting point per breach (for example £4,000 for letting on a fixed term, £6,000 for discriminating against a family with children, £35,000 for an illegal eviction) and then adjusts for the landlord's record, means and the harm done. Each council publishes its own policy. Several penalties can apply to one case, and a civil penalty does not stop a tenant claiming a rent repayment order.

Everything here is England. Figures are as the law and guidance stood on the date at the top of this page.

The Renters' Rights Act 2025 (from 1 May 2026)

Civil penalties for a breach: up to £7,000. For an offence, or a breach that continues more than 28 days after a penalty or is repeated within five years: up to £40,000, or prosecution instead. Rent repayment orders can follow the offences.

What	Maximum
Letting on a fixed term, ending a tenancy by notice to quit or orally, serving a possession notice outside the section 8 process, relying on a ground you had no reasonable belief in	£7,000 (breach)
No written statement of terms within 28 days of the tenancy starting (section 16D)	£7,000
Not giving an existing tenant the government information sheet by 31 May 2026	£7,000
Advertising without stating the rent; inviting, encouraging or accepting an offer above it (bidding)	£7,000 each
Refusing or discouraging a tenant because they have children or receive benefits	£7,000, and further penalties while it continues
Asking for or taking rent before the tenancy is signed, or more than one month in advance	£5,000, and the money returned
Relying on a possession ground knowing or reckless that it does not apply; re-letting or re-marketing in the 12 months after using the moving-in or selling grounds	£40,000 (offence)
Not joining the landlord ombudsman, or advertising while not a member (once the scheme opens)	£7,000, then £40,000
Letting or advertising without registering on the PRS database (once it opens)	£7,000, then £40,000 or prosecution; no possession order while unregistered
Not keeping the home free of serious hazards (Decent Homes Standard duty, once in force)	£7,000, then enforcement

A landlord who has not protected the deposit or registered on the database cannot get a possession order, except on the antisocial behaviour grounds.

Rent repayment orders

For an offence committed on or after 1 May 2026 a tenant (or the council, for rent paid through Universal Credit or Housing Benefit) can ask the First-tier Tribunal to order back up to two years' rent, applied for within two years. Offences that qualify include illegal eviction and harassment, letting an unlicensed HMO or a home that needs a selective licence, not complying with an improvement notice, breaching a banning order, knowingly misusing a possession ground, re-letting in a no-let period, continuing a tenancy breach after a penalty, giving the database false information and persistently failing to join the ombudsman. A landlord already penalised for an offence who offends again pays the maximum. Superior landlords and company directors can be liable.

Deposits

Not protected within 30 days, or the prescribed information not given: the court can order the deposit returned or protected, plus one to three times the deposit paid to the tenant (Housing Act 2004, sections 213 to 215). No possession order while it stays unprotected.
More than five weeks' rent taken as a deposit (six weeks where the yearly rent is £50,000 or more), or a holding deposit over one week's rent: a prohibited payment under the Tenant Fees Act.

Fees (Tenant Fees Act 2019)

A banned fee or an over-cap deposit: up to £5,000 per breach, and the money returned.
A further breach within five years of a penalty or conviction: an offence, up to £30,000, or prosecution, and a banning order can follow.
Not returning a holding deposit when the rules require it: up to £5,000.

Right to rent (Immigration Act 2014)

Letting to an adult who has no right to rent and not having done the check: £10,000 per tenant for a first breach and £20,000 for a repeat (£5,000 and £10,000 for a lodger in your own home). Knowing or having reasonable cause to believe the person had no right to rent is a criminal offence: up to five years' imprisonment or a fine. Nothing changes the check for tenants who have the right: it is the same for everyone.

Safety

Duty	Maximum
Gas: a Gas Safe check every 12 months, the record to the tenant within 28 days and before a new tenant moves in (Gas Safety (Installation and Use) Regulations 1998, reg. 36)	prosecution by the HSE or council under the Health and Safety at Work Act: an unlimited fine and, in the worst cases, imprisonment
Electrics: an EICR at least every five years, the report to the tenant within 28 days, remedial work within 28 days (Electrical Safety Standards in the PRS (England) Regulations 2020)	£30,000 per breach
Smoke alarm on every storey with living accommodation, carbon monoxide alarm in every room with a fixed combustion appliance (not a gas cooker), repaired when reported (Smoke and Carbon Monoxide Alarm (England) Regulations 2015, as amended 2022)	£5,000 per breach
EPC below E without a registered exemption (minimum energy efficiency standard)	up to £2,000 for under three months' letting, £4,000 for three months or more, £1,000 for false exemption information, £2,000 for ignoring a compliance notice; £5,000 in total per home, plus publication
An improvement notice, a prohibition order or an overcrowding notice not complied with (Housing Act 2004)	offence: up to £40,000 civil penalty (starting point £25,000) or prosecution, and a rent repayment order

Licensing and HMOs

Duty	Maximum
Letting an HMO that needs a mandatory or additional licence without one; letting in a selective licensing area without a licence	offence: up to £40,000 civil penalty (starting points £17,000 and £12,000) or prosecution, plus a rent repayment order
Breaking a licence condition; breaking the HMO management regulations (fire precautions, gas and electricity, water, common parts, waste)	up to £7,000 for an information breach, up to £40,000 for the safety and maintenance offences
Breaching a banning order	offence: up to £40,000 (starting point £35,000) or prosecution

Illegal eviction and harassment

Changing the locks, cutting off services or making life unbearable to get a tenant out (Protection from Eviction Act 1977) is a criminal offence and, since 1 May 2026, a council can instead impose a civil penalty of up to £40,000 (starting point £35,000). A rent repayment order of up to two years' rent can follow. Possession needs a ground, a notice on the right form, a court order and then a bailiff.

Tax

Not a council penalty, but the same person charges it: undeclared rental income carries HMRC penalties on top of the tax, and from April 2026 Making Tax Digital applies to landlords with gross property and self-employment income over £50,000 (over £30,000 from April 2027). There is a guide on that here.

Keeping clear of all of it

LevelMoves keeps one list per home of every duty above with its date and its proof, reminds you before each falls due, fills in the forms (the written statement of terms, Form 4A for a rent rise, the deposit's prescribed information) and files the certificates and the tenant's copies on the home's record, so if a council asks, the evidence is there.

Where this comes from

Questions landlords ask

Is £40,000 really the maximum fine for a landlord?

For a civil penalty under the Renters' Rights Act and the Housing Act 2004, yes: £40,000 per offence, with £7,000 for a first tenancy breach. Prosecution in the magistrates' court can carry an unlimited fine, and a rent repayment order of up to two years' rent can come on top of either.

Does a council have to charge the maximum?

No. It must follow the statutory guidance, which gives a starting point for each breach (for example £4,000 for a missing written statement of terms) and then adjusts for your record, your means and the harm caused. Each council publishes its own policy.

Can I be fined more than once for the same thing?

Yes. A breach that continues more than 28 days after a penalty, or is repeated within five years, becomes an offence with the higher maximum, and several duties can be breached by one letting.

What is the penalty for not protecting a deposit?

A court can order one to three times the deposit paid to the tenant and the deposit itself returned or protected, and you cannot get a possession order while it is unprotected.

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