Unlike criminal penalties (which require a court conviction), civil penalties can be imposed by the local housing authority using an administrative process, with a right of appeal to the First-tier Tribunal. The penalty amount is set by the local authority within a statutory range, taking into account the seriousness of the breach, harm caused to the tenant, and any previous offences by the landlord.
The Renters' Rights Act 2025 significantly extended the civil penalty regime: it introduced new offences (breach of rent increase rules, failure to comply with the Private Landlord Database, and discrimination in tenant selection) and raised the maximum penalty for many existing offences from £5,000 to £40,000 for repeat offenders.
Civil penalties under the Renters' Rights Act 2025
The RRA 2025 created new civil penalty offences and significantly raised existing penalties:
- Breach of rent increase rules (Section 13): Landlords who try to increase rent outside the Section 13 process (Form 4A, 2 months' notice, once per 12 months) or include prohibited rent-escalation clauses in the tenancy agreement can be fined up to £7,000 for a first offence and £40,000 for a repeat offence
- Advertising to invite bidding wars: Inviting, encouraging, or accepting offers above the advertised rent is a civil penalty offence. First offence: up to £7,000. Repeat: up to £40,000
- Blanket refusal of DSS tenants or families with children: Refusing on a discriminatory basis is a new civil penalty offence. Up to £7,000 (first), £40,000 (repeat)
- Failure to register with the Private Landlord Database: Registration rolls out regionally from 15 December 2026. Failure to register carries a civil penalty of up to £7,000, rising to £40,000 or prosecution for repeat or serious breaches. Unregistered landlords cannot get a possession order, except under Grounds 7A and 14 (anti-social behaviour)
- Serving a Section 21 notice on or after 1 May 2026: Section 21 is abolished. Attempting to use it after commencement may constitute harassment or illegal eviction, carrying civil and criminal penalties
HMO licensing civil penalties
Operating an unlicensed HMO is a civil penalty offence under the Housing Act 2004, with penalties up to £40,000 (the cap was raised from £30,000 by the Renters' Rights Act 2025 from 1 May 2026):
- Mandatory HMO licence: Required for all HMOs with 5 or more occupants from 2 or more separate households in England. Maximum civil penalty: £40,000 from 1 May 2026
- Additional HMO licensing: Required by individual local authorities for smaller HMOs (typically 3 to 4 occupants). Maximum civil penalty: £40,000 from 1 May 2026
- Selective licensing: Required for all private rented properties in designated areas. Maximum civil penalty: £40,000 from 1 May 2026
- Typical penalties for a first offence are £5,000-£15,000 for a single-property landlord. Portfolio landlords and repeat offenders can face the maximum
- A landlord convicted of an HMO offence can also face a Banning Order, preventing letting or managing properties in England for a minimum of one year
- Rent repayment orders (RROs) allow tenants to recover up to 24 months' rent paid during unlicensed occupation for offences committed on or after 1 May 2026 (up to 12 months for earlier offences), in addition to any civil penalty. Tenants have 24 months to apply
Tenant Fees Act 2019 civil penalties
The Tenant Fees Act 2019 prohibits most fees and charges to residential tenants. Civil penalties for breach:
- Charging a prohibited payment (first breach): Up to £5,000
- Second or subsequent breach within 5 years: Up to £30,000
- Prohibited payments include: admin fees, reference fees, tenancy setup fees, check-in fees, inventory fees, viewing fees, pet fees (not a deposit), and any other charge not listed in the Act
- Permitted payments are: rent, a refundable holding deposit (max 1 week's rent), a refundable tenancy deposit (max 5 weeks' rent for annual rents below £50,000), and default charges (late payment interest at 3% above BoE base rate, lost key replacement)
- The local authority's Trading Standards team enforces the Act. Penalties are paid to the local authority
Right to Rent civil penalties
Failure to carry out Right to Rent checks before the start of a tenancy is a civil penalty offence under the Immigration Act 2014:
- Letting to a tenant without a Right to Rent: From 13 February 2024, up to £10,000 per occupier for a first breach and up to £20,000 per occupier for a repeat breach. For lodgers in the landlord's own home the levels are £5,000 (first) and £10,000 (repeat)
- Failure to carry out prescribed checks: Even if the tenant does have the right to rent, failing to check and document correctly exposes the landlord to a civil penalty
- From 1 April 2022, digital identity verification (IDVT) is available for British and Irish citizens alongside the Home Office online service for those with a digital immigration status
- A statutory excuse (full defence) requires: a copy of the original right-to-rent document, a date-stamped copy, and repeat follow-up checks for those with time-limited permission
EPC minimum standard civil penalties
All private rented properties in England must have an EPC rating of at least E before a new tenancy and throughout an existing tenancy:
- Letting below Band E without a valid exemption: Civil penalty of up to £2,000 for a breach of under 3 months, and up to £4,000 for a breach of 3 months or more
- Providing false or misleading information on the PRS Exemptions Register: Up to £1,000
- Failure to comply with a compliance notice: Up to £2,000
- The total MEES penalty is capped at £5,000 per property. Separately, failing to provide an EPC at all carries a £200 penalty charge
- The Band C minimum standard (proposed target for 2030) is not yet in force
- The enforcement authority for MEES civil penalties is the local housing authority
HHSRS civil penalties (SI 2026/571, from 23 June 2026)
The Housing Health and Safety Rating System (England) Regulations 2026 revised the HHSRS assessment framework, and the Renters' Rights Act 2025 raised the related civil penalty ceilings:
- £7,000 civil penalty under section 6A of the Housing Act 2004 where enforcement action has been taken in respect of a hazard, it is not an on-the-spot fine and requires the enforcement route to be engaged first
- Up to £40,000 maximum penalty for failure to comply with an improvement notice, the cap having been raised from £30,000 by the Renters' Rights Act 2025 from 1 May 2026
- The old numeric scoring and A-J banding (Category 1 / Category 2) is abolished for new inspections; HHSRS hazards are now rated High (H), Medium (M), or Low (L)
- Only England is affected, Wales continues to operate under the pre-amendment HHSRS framework
- Medium and Low hazards give the council a power (not a duty) to act, and can still lead to formal improvement notices and subsequent enforcement
- Landlords can demonstrate proactive compliance by conducting a pre-inspection self-assessment against all 21 current HHSRS hazard profiles, the updated LS-E-034 HHSRS Self-Assessment template covers all 21 hazard categories under SI 2026/571
How the civil penalty enforcement process works
Understanding the enforcement process helps landlords respond effectively:
- Notice of intent: The local authority must serve a notice of intent specifying the proposed penalty and grounds for imposing it
- Right to make representations: The landlord has 28 days to make written representations
- Final notice: After considering representations, the authority serves a final notice with the penalty amount
- Right of appeal: The landlord can appeal to the First-tier Tribunal (Property Chamber) within 28 days of the final notice
- Payment: If not appealed, the penalty must be paid within 28 days. Unpaid penalties become a debt enforceable in the county court
- Civil penalties are publicly recorded and feed into the Database of Rogue Landlords, accessible to local authorities
Frequently asked questions
What is the maximum civil penalty a UK landlord can receive in 2026?+
For RRA 2025 offences (bidding war, rent increase breach, discrimination), the maximum repeat offender penalty is £40,000. For HMO or selective licensing offences, the maximum is £40,000 from 1 May 2026 (raised from £30,000). For Right to Rent breaches, the maximum is £20,000 per occupier for a repeat breach. For Tenant Fees Act second breaches, it is £30,000. Multiple offences can result in multiple penalties running concurrently, and Right to Rent penalties apply per occupier, so the combined exposure can be much higher.
Can I appeal a civil penalty notice?+
Yes. You have 28 days to make written representations after a notice of intent. If a final notice is still issued, you can appeal to the First-tier Tribunal (Property Chamber) within 28 days. The Tribunal can confirm, vary, or quash the penalty. Legal representation is not required but is advisable for penalties above £5,000.
Will a civil penalty affect my ability to let property?+
A civil penalty is recorded on the Database of Rogue Landlords, visible to local housing authorities across England. Multiple civil penalties or serious offences can lead to a Banning Order application, which would prevent letting or managing properties in England. Some mortgage lenders and insurers also check the database.
I have received a notice of intent for an HMO licensing breach, what should I do?+
Make written representations within 28 days. Engage a solicitor or specialist landlord adviser. Representations should address: whether the breach occurred, any mitigating factors (first offence, immediate remediation), and whether the proposed penalty amount is proportionate. If you believe the penalty is disproportionate or the authority made an error, appeal to the First-tier Tribunal.
What is the new £7,000 HHSRS civil penalty introduced in 2026?+
Section 6A of the Housing Act 2004 gives local authorities power to impose a civil penalty of up to £7,000 in respect of a hazard where enforcement action has been taken, it is not an on-the-spot fine and cannot be imposed without the enforcement route being engaged. Separately, failure to comply with an improvement notice can attract a civil penalty of up to £40,000, the cap raised from £30,000 by the Renters' Rights Act 2025 from 1 May 2026. Under SI 2026/571 (in force 23 June 2026), hazards are now rated High, Medium, or Low, replacing the old numeric scoring and Category 1/2 banding. Landlords can reduce exposure by carrying out a pre-inspection self-assessment against all 21 current HHSRS hazard profiles.
This page is drafted against the legislation below. Always check the current text of the law before acting.
- Renters' Rights Act 2025 (legislation.gov.uk)
- Housing Act 2004 (legislation.gov.uk)
- HHSRS Regulations 2026 (SI 2026/571) (legislation.gov.uk)
- Tenant Fees Act 2019 (legislation.gov.uk)
- Immigration Act 2014 (Right to Rent) (legislation.gov.uk)
- Right to Rent document checks (GOV.UK)
- HMO licensing (GOV.UK)