Civil penalties for Housing Act offences

Civil penalties for Housing Act Offences

We take pride in supporting good landlords who provide decent well maintained homes.

We offer guidance and support to all landlords and promote best practice to ensure the properties within our district are safe and well managed. Sadly, a small number of landlords knowingly rent out unsafe and substandard accommodation.

Where we consider there to be a serious breach, or “an offence” of a requirement within the Housing Act 2004, we can prosecute offenders in a criminal court.

• website: Housing Act 2004

This is often costly and time consuming, as well as often not acting as a deterrent to reoffending, because of this the Government introduced laws to allow Councils to issue Civil financial penalties for certain offences. These civil financial penalties are for the offences detailed in Housing Act 2004 Section 249a

• website: Housing Act 2004 Section 249a

Notice of Intent

When we decide to issue a financial penalty, we must be sure that the offence took place in the same way that it must in a criminal court. To begin with, where we believe that there is sufficient evidence and a financial penalty is appropriate, a “Notice of Intent” will be issued to the responsible landlord giving details of a proposed financial penalty and they will have an opportunity to provide representations that the Council must consider.

Final Notice

If, after that process we still believe that a financial penalty is the most appropriate response, a “Final Notice” will be issued and the landlord can appeal against the decision to a Tribunal. Information on how to do this will be provided with the Final Notice.

A landlord issued with a financial penalty will not have a criminal record, but if that person or company has been issued with 2 penalties in any 12-month period may have their details added to the National Rogue Landlord Database.

Civil penalties policy

Housing and Planning Act 2016 – Civil penalties

The Housing and Planning Act 2016 introduced changes to the Housing Act 2004 to allow the Council to issue civil penalties of up to £30,000.

• website: Housing and Planning Act 2016
• website: Housing Act 2004

We will be able to impose such penalties as an alternative to prosecution for the following offences under the Housing Act 2004 and Housing and Planning Act 2016:

• Failure to comply with an Improvement Notice - website: section 30 of the Housing Act 2004
• Offences in relation to licensing of Houses in Multiple Occupation - website: section 72 of the Housing Act 2004
• Offences in relation to licensing of houses under Part 3 of the Act - website: section 95 of the Housing Act 2004
• Offences of contravention of an overcrowding notice - website: section 139 of the Housing Act 2004
• Failure to comply with management regulations in respect of Houses in Multiple Occupation - website: section 234 of the Housing Act 2004
• Breach of a banning order - website: section 21 of the Housing and Planning Act 2016
• Failure to comply with a Remedial Notice - website: Part 3 of The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

The council will determine, on a case by case basis, whether to instigate prosecution proceedings or to serve a Civil Penalty in respect of any offences listed.