Private Sector Housing Civil Financial Penalty Policy

Failure to give a written statement of terms and any other prescribed information - section 16D of the Housing Act 1988

Offence-specific mitigating factors:

• provision of some of the required terms and prescribed information within the required period

Offence-specific aggravating factors:

• none

Attempting to let a property for a fixed term - section 16E(1)(a) of the Housing Act 1988

Offence-specific mitigating factors:

• none

Offence-specific aggravating factors:

• none

Attempting to end a tenancy by service of a notice to quit - section 16E(1)(b) of the Housing Act 1988

Offence-specific mitigating factors:

• none

offence-specific aggravating factors:

• tenant vacates property within four months of the date of vacation or equivalent specified in the notice to quit

Attempting to end a tenancy orally or requiring that it is ended orally - section 16E(1)(c) of the Housing Act 1988

Offence-specific mitigating factors:

• none

offence-specific aggravating factors:

• tenant vacates property within four months of the date of vacation or equivalent specified in the notice to quit

Serving a possession notice that attempts to end a tenancy outside the prescribed section 8 process - section 16E(1)(d) of the Housing Act 1988

Offence-specific mitigating factors:

• none

offence-specific aggravating factors:

• tenant vacates property within four months of the date of vacation or equivalent specified in the notice to quit

Relying on a ground where the person does not reasonably believe that the landlord is, will, or may be able to obtain possession on that ground and the tenant(s) surrendered the tenancy within the period of four months beginning with the date of the contravention, without an order for possession of the dwelling-house being made - section 16E(1)(e) of the Housing Act 1988

Offence-specific mitigating factors:

• none

offence-specific aggravating factors:

• none

Failing to provide a tenant with prior notice that a ground which requires it may be used - section 16E(1)(f) of the Housing Act 1988

Offence-specific mitigating factors:

• none

Offence-specific aggravating factors:

• none

Failure to give an existing tenant prescribed information about changes made by the Renters' Rights Act 2025 in the prescribed form and timeframe - paragraph 7(2) of schedule 6 to the Renters' Rights Act 2025

Offence-specific mitigating factors:

• provision of some of the required prescribed information within the required period.

• provision of prescribed information but not in the prescribed form.

Offence-specific aggravating factors:

• none

Continuation of conduct subject to a relevant penalty (under s.16I or s.16K Housing Act 1988) after the 28-day period (or, if appealed, after conclusion of the appeal) where the final notice has not been withdrawn — section 16J(3) of the Housing Act 1988

Offence-specific mitigating factors:

• none

Offence-specific aggravating factors:

• none

Conduct giving rise to liability under s.16I, where within the preceding five years the person has either (i) had a relevant penalty (under s.16I or s.16K Housing Act 1988) imposed for different conduct and the final notice has not been withdrawn, or (ii) been convicted under s.16J for different conduct - section 16(J)(4) of the Housing Act 1988

Offence-specific mitigating factors:

• dependent on the most recent conduct giving rise to liability to a civil penalty under section 16I of the Housing Act 1988

Offence-specific aggravating factors:

• dependent on the most recent conduct giving rise to liability to a civil penalty under section 16I of the Housing Act 1988

Relying on a ground where the person knows that the landlord would not be able to obtain an order for possession on that ground, or being reckless as to whether the landlord would be able to do so and the tenant(s) surrendered the tenancy within the period of four months beginning with the date the ground was relied on, without an order for possession of the dwelling-house being made - section 16J(1) of the Housing Act 1988

Offence-specific mitigating factors:

• none

Offence-specific aggravating factors:

• none

Breach of restrictions relating to reletting (s16(E)(2) Housing Act 1988) or remarketing (s16(E)(3) Housing Act 1988) a property within restricted period after using Grounds 1 or 1A of Schedule 2 Housing Act 1988 - section 16J(2) of the Housing Act 1988

Offence-specific mitigating factors:

• none

Offence-specific aggravating factors:

• none