Civil Penalties for Landlords: Complete List with Starting Amounts

The civil penalty framework for private landlords in England operates on a two-tier system following the Renters' Rights Act 2025:

Tier 1: Breach penalties (up to £7,000)

These apply to regulatory breaches where the landlord has failed to comply with a legal requirement. Examples include failing to register on the PRS Database, breaching the bidding ban, or failing to respond to a pet request. These are treated as less serious than Tier 2 offences, though repeated breaches can escalate.

Tier 2: Offence penalties (up to £40,000)

These apply to more serious housing offences, including those that were previously only prosecutable as criminal offences. Examples include operating an unlicensed HMO, breaching a banning order, or failing to comply with an improvement notice. Repeat Tier 1 breaches can also escalate to Tier 2 penalties.

The key difference is severity and maximum amount. Tier 1 penalties are designed for regulatory non-compliance; Tier 2 penalties are for conduct that puts tenants at risk or involves deliberate defiance of the law.

Councils choose between a civil penalty and criminal prosecution for each offence. They cannot impose both for the same offence, but they can impose civil penalties for some offences while prosecuting for others if a landlord is being investigated for multiple breaches.

The following is the comprehensive list of offences for which local councils can impose civil penalties on private landlords, with government-recommended starting amounts:

Renters' Rights Act 2025 offences (from 1 May 2026):

| Offence | Tier | Starting amount | Maximum |

|---------|------|----------------|--------|

| Failing to register on PRS Database | 1 | £5,000 | £7,000 |

| Providing false info to PRS Database | 1 | £7,000 | £7,000 |

| Failing to update PRS Database info | 1 | £3,000 | £7,000 |

| Failing to join PRS Ombudsman | 1 | £5,000 | £7,000 |

| Rental bidding (inviting/accepting above advertised rent) | 1 | £7,000 | £7,000 |

| Not responding to pet request in 28 days | 1 | £3,000 | £7,000 |

| Unreasonable refusal of pet request | 1 | £5,000 | £7,000 |

| Discrimination: benefits recipients | 1 | £5,000 | £7,000 |

| Discrimination: families with children | 1 | £5,000 | £7,000 |

| Breaching advance rent cap | 1 | £5,000 | £7,000 |

| Failing to comply with Decent Homes Standard | 2 | £7,000 | £40,000 |

| Breaching Awaab's Law timescales (when set) | 2 | £5,000 | £40,000 |

Housing Act 2004 offences (existing, with updated guidance):

| Offence | Tier | Starting amount | Maximum |

|---------|------|----------------|--------|

| Failure to comply with improvement notice | 2 | £5,000 | £30,000 |

| Operating unlicensed HMO | 2 | £10,000 | £30,000 |

| Breaching HMO licence conditions | 2 | £5,000 | £30,000 |

| Failure to comply with overcrowding notice | 2 | £5,000 | £30,000 |

| Operating without selective licence | 2 | £5,000 | £30,000 |

| Breaching selective licence conditions | 2 | £5,000 | £30,000 |

Housing and Planning Act 2016 offences:

| Offence | Tier | Starting amount | Maximum |

|---------|------|----------------|--------|

| Breach of banning order | 2 | £15,000 | £30,000 |

| Failing to comply with financial penalty (non-payment) | 2 | £5,000 | £30,000 |

The starting amounts published by the government are recommendations, not fixed rules. Each council has discretion to set its own penalty policy within the statutory maximum. Here is how the process works in practice:

Step 1: Identify the starting point

The council begins with the government's recommended starting amount for the specific offence.

Step 2: Assess the severity

The council considers factors that make this particular case more or less serious than a typical case:

*Aggravating factors (increase the penalty):*

*Mitigating factors (reduce the penalty):*

Step 3: Apply the adjustment

The council adjusts the starting amount up or down based on its assessment, staying within the statutory maximum.

Step 4: Consider proportionality and ability to pay

The final penalty must be proportionate to the offence. Councils can request financial information from the landlord, but a claimed inability to pay does not automatically reduce a penalty for a serious offence.

When a council decides to impose a civil penalty, the following process applies:

1. Investigation (varies)

The council investigates the suspected offence, gathering evidence. This may take weeks or months depending on the complexity.

2. Notice of intent (Day 1)

The council serves the landlord with a notice of intent setting out:

3. Representations period (28 days)

The landlord has 28 days to make written representations. They can challenge the evidence, argue mitigating factors, or provide financial information.

4. Council considers representations (14 to 28 days)

The council must genuinely consider the representations and may adjust the penalty amount.

5. Final notice

The council issues a final notice confirming the penalty. This may be the same as, lower than, or (rarely) higher than the amount in the notice of intent.

6. Appeal period (28 days)

The landlord has 28 days to appeal to the First-tier Tribunal. The appeal is a fresh hearing; the tribunal can increase, decrease, or confirm the penalty.

7. Payment

If no appeal is made, or after the appeal is decided, the penalty becomes due. Councils can enforce unpaid penalties through the county court.

A landlord committing multiple offences can face separate penalties for each one. There is no cap on the total amount of penalties a landlord can receive across multiple offences or properties.

Example scenarios:

A landlord with 5 unlicensed properties in a selective licensing area:

A landlord who discriminates against benefit tenants, refuses a pet unreasonably, and fails to register on the PRS Database:

A letting agent who systematically runs bidding wars across 20 properties:

The cumulative financial exposure from civil penalties combined with rent repayment orders can be devastating for non-compliant landlords. This is by design: the regime is intended to make compliance significantly cheaper than non-compliance.

If you are a local authority enforcement officer, here are practical considerations for the expanded civil penalty regime:

Building a penalty policy: If your council does not already have a civil penalty policy covering the new Renters' Rights Act offences, develop one before Phase 2 takes effect on 1 May 2026. The policy should set local starting amounts (which can differ from government guidance), assessment criteria, and the decision-making process.

Evidence standards: Civil penalties require evidence to the criminal standard (beyond reasonable doubt), even though they are civil in nature. This means your investigation must be thorough and your evidence robust enough to withstand a tribunal appeal.

Revenue retention: All civil penalty income is retained by the council for housing enforcement. Build this into your business case for expanded enforcement capacity. Councils that invest in enforcement teams typically generate more penalty revenue than the cost of the team.

PRS Database integration: Plan how to cross-reference the PRS Database (when live) with your local council tax records, HMO register, and selective licensing database. This will be your primary tool for identifying unregistered landlords.

Training: Officers need training on the new offences, the updated penalty framework, and tribunal procedures. The government's £18.2 million enforcement funding can be used for training.

For bulk property compliance monitoring, explore RenterCheck's council tools which provide ward-level data, risk scoring, and enforcement dashboards.