Renters' Rights Act 2025, Criminal Offences and Penalties

The Renters' Rights Act 2025 is primarily a civil regulation statute, most of its obligations are enforced through civil penalties and tribunal proceedings. However, it also creates, or extends, several criminal offences that landlords must understand. Since Phase 1 commenced on 1 May 2026, local authorities have enforcement powers across the new regime. This guide explains what is criminal, what attracts civil penalties, and how enforcement works.

Criminal offences created or extended by the RRA 2025

The following actions are criminal offences from 1 May 2026. Criminal prosecution is brought by the local authority. Conviction carries an unlimited fine (Magistrates' Court) or, in the most serious cases, can be referred to Crown Court.

• Serving a Section 21 notice on or after 1 May 2026, the notice is void and the act of serving it is a criminal offence
• Retaliatory eviction using a Section 21 notice, this was already prohibited but is now also criminal
• Harassing a tenant to leave (existing offence under the Protection from Eviction Act 1977, unchanged, but now sitting alongside the expanded RRA enforcement regime)
• Unlawfully evicting a tenant (existing offence under the PEA 1977, unchanged, but enforcement is now better-funded)
• Letting an unlicensed HMO (existing offence under the Housing Act 2004, unchanged in its criminal character, but local authority enforcement capacity has increased following RRA 2025 funding)

Civil penalties raised to £40,000

The RRA 2025 substantially raises the maximum civil penalty for PRS offences. Civil penalties are issued by the local authority without prosecution, they are quicker to impose and do not result in a criminal record but are financially very significant.

• Maximum civil penalty: £40,000 per offence; up from £30,000 under the Housing and Planning Act 2016
• Failure to join an approved landlord ombudsman scheme: civil penalty up to £40,000
• Failure to register on the Private Landlord Database (rolling out regionally from 15 December 2026): civil penalty up to £7,000, £40,000 for repeat breaches
• Repeated breach: where a landlord receives two or more civil penalties within 5 years, the local authority can apply for a banning order, which prohibits letting or managing residential property
• Rent-to-rent prohibition breaches: civil penalty up to £40,000
• Breach of the Information Sheet duty (failure to serve the RRA Information Sheet by 31 May 2026): civil penalty up to £7,000 per tenancy
• Failure to serve the Renters' Rights Act Information Sheet on a new tenant at tenancy commencement: civil penalty up to £7,000

The landlord banning order regime

Banning orders are the most severe sanction available to local authorities under the housing enforcement regime. They are distinct from criminal prosecution but can follow from it.

• Who can apply: Local housing authorities can apply to the First-tier Tribunal (Property Chamber) for a banning order against a landlord or property agent
• Trigger offences: A banning order can be sought following a conviction for a 'banning order offence'; which includes certain Housing Act 2004 offences (unlicensed HMO, etc.), illegal eviction, harassment, and now RRA 2025 criminal offences
• Effect: A banning order prohibits the landlord from letting residential properties or engaging in letting agency work for the duration of the order, potentially years
• Landlord database entry: All banning orders must be entered on the Rogue Landlord and Agent Checker database (now transitioning to the Private Landlord Database)
• Continued letting in breach of a banning order: Letting a property in breach of a banning order is itself a criminal offence carrying an unlimited fine
• Rent Repayment Order exposure: A tenant living in a property let in breach of a banning order can apply for an RRO covering up to 24 months of rent

Rent Repayment Orders, when tenants can apply

Rent Repayment Orders (RROs) allow tenants and local authorities to reclaim rent paid during a period of landlord non-compliance. They are a powerful enforcement tool that tenants increasingly use.

• Who can apply: Tenants (current or former) and local housing authorities can apply to the First-tier Tribunal (Property Chamber)
• Trigger breaches: An RRO can be sought where the landlord committed a 'relevant offence' during the rental period; including unlicensed HMO letting, serving an unlawful Section 21, serving an unlawful eviction notice, or letting in breach of a banning order
• Maximum award: Up to 12 months of rent paid by the tenant during the period of non-compliance
• Evidence threshold: The tribunal must be satisfied to the criminal standard that the offence was committed, but this is assessed on the balance of probabilities in practice for the financial element
• Costs: Tenants can apply to the tribunal themselves (no legal representation required) and the tribunal has power to award costs against unsuccessful applicants or respondents

How local authority enforcement works in 2026

The RRA 2025 has been accompanied by central government enforcement funding to local housing authorities. Enforcement is becoming more proactive, not just complaint-led.

• Proactive inspection: Local authorities receive funding to carry out proactive inspections of licensed and unlicensed HMOs. Unlicensed properties flagged on the Landlord Register (once live) will be prioritised for inspection
• Complaint-driven investigation: Tenant complaints to the local authority trigger housing standards inspections. Awaab's Law complaints, service charge disputes, and tenancy dispute referrals from the landlord ombudsman all feed into local authority investigation pipelines
• Civil penalty notice: Local authorities issue civil penalty notices following investigation. A landlord has the right to make representations within 28 days before the penalty is confirmed. Confirmed penalties can be appealed to the First-tier Tribunal
• Criminal prosecution: More serious or repeated offences are referred for Magistrates' Court prosecution. Local authority housing teams increasingly share data with HMRC, DWP, and the Valuation Office Agency for cross-compliance purposes
• Public register: Civil penalties and banning orders are entered on the Private Landlord Database/Rogue Landlord Checker; visible to tenants, agents, and other local authorities

What to do if you receive a civil penalty notice or are investigated

• Do not ignore the notice. A failure to respond within 28 days means the penalty is confirmed and the right to make representations is lost
• Gather evidence of compliance immediately: gas safety records, EICR, deposit protection certificates, tenancy agreements, Information Sheet service records
• Seek legal advice from a specialist housing solicitor before making representations, particularly if the alleged breach is a criminal matter
• If the notice relates to an unlicensed HMO, apply for a licence immediately, retrospective licensing does not undo the breach but demonstrates remediation
• If you believe the penalty is disproportionate or the breach is disputed, appeal to the First-tier Tribunal (Property Chamber) within 28 days of the final notice
• Review your compliance across all properties, the RRA 2025 local authority enforcement tools are not property-specific and a penalty on one property may trigger broader portfolio review