Private Sector Housing Civil Financial Penalty Policy
Housing Act 2004 offences
Failure to comply with an improvement notice - section 30(1) of the Housing Act 2004
| Starting point | Statutory maximum civil penalty amount | Landlord type: downward adjustment | Landlord type: adjustment | Landlord type: upward adjustment |
|---|---|---|---|---|
£25,000 | £40,000 | £20,000 | £25,000 | £30,000 |
Offence-specific mitigating factors:
- the nature and extent of hazard(s) that are present once the deadline for compliance has passed
- whether the property is unoccupied once the deadline for compliance has passed
- access to the property was prevented by the actions or refusal of the occupant(s) and a landlord can evidence that they took steps to obtain access to the property for the purpose of carrying out the required works, but those steps fell short of establishing a reasonable excuse for non-compliance.
Offence-specific aggravating factors:
- the nature and extent of hazard(s) that are present once the deadline for compliance has passed
Failure to comply with an overcrowding notice - section 139(7) of the Housing Act 2004
| Starting point | Statutory maximum civil penalty amount | Landlord type: downward adjustment | Landlord type: adjustment | Landlord type: upward adjustment |
|---|---|---|---|---|
£20,000 | £40,000 | £16,000 | £20,000 | £24,000 |
Offence-specific mitigating factors:
- none
Offence-specific aggravating factors:
- the level of overcrowding present
Failure to obtain a selective licence - section 95(1) of the Housing Act 2004
| Starting point | Statutory maximum civil penalty amount | Landlord type: downward adjustment | Landlord type: adjustment | Landlord type: upward adjustment |
|---|---|---|---|---|
£12,000 | £40,000 | £9,600 | £12,000 | £14,400 |
Offence-specific mitigating factors:
- none
Offence-specific aggravating factors:
- the landlord has knowledge or experience of licensing requirements
Failure to obtain an HMO licence - section 72(1) of the Housing Act 2004
| Starting point | Statutory maximum civil penalty amount | Landlord type: downward adjustment | Landlord type: adjustment | Landlord type: upward adjustment |
|---|---|---|---|---|
£17,000 | £40,000 | £13,600 | £17,000 | £20,400 |
Offence-specific mitigating factors:
none
Offence-specific aggravating factors:
the landlord has knowledge or experience of licensing requirements
the condition of the unlicenced property
Knowingly permitting over-occupation of an HMO - section 72(2) of the Housing Act 2004
| Starting point | Statutory maximum civil penalty amount | Landlord type: downward adjustment | Landlord type: adjustment | Landlord type: upward adjustment |
|---|---|---|---|---|
£20,000 | £40,000 | £16,000 | £20,000 | £24,000 |
Offence-specific mitigating factors:
there are suitable amenities and space provisions in the HMO
Offence-specific aggravating factors:
- the level of over-occupation present
Failure to Comply with The Management of Houses in Multiple Occupation [England] Regulations 2006 and The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 - section 234(3) of the Housing Act 2004
The Management of Houses in Multiple Occupation (England) Regulations 2006 impose duties on the people managing HMOs in respect of:
- providing information to occupiers [Regulation 3]
- taking safety measures, including fire safety measures [Regulation 4]
- maintaining the water supply and drainage [Regulation 5]
- supplying and maintaining gas and electricity, including having these services/appliances regularly inspected [Regulation 6]
- maintaining common parts [Regulation 7]
- maintaining living accommodation [Regulation 8]
- providing sufficient waste disposal facilities [Regulation 9]
The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 impose duties on the persons managing HMOs as defined by Section 257 Housing Act 2004 in respect of:
- providing information to occupiers [regulation 4]
- taking safety measures, including fire safety measures [regulation 5]
- maintaining the water supply and drainage [regulation 6]
- supplying and maintaining gas and electricity, including having these services/appliances regularly inspected [regulation 7]
- maintaining common parts [regulation 8]
- maintaining living accommodation [regulation 9]
- providing sufficient waste disposal facilities [regulation 10]
Where there are multiple breaches of a single Management Regulation at a single HMO, a single civil penalty will be imposed which will cover all the breaches of that Management Regulation.
Where multiple Management Regulations have been breached at a single HMO, a separate civil penalty will be imposed for each Management Regulation that has been breached.
| Name of management regulation | Starting point | Statutory maximum civil penalty amount | Landlord type: downward adjustment | Landlord type: adjustment | Landlord type: upward adjustment |
|---|---|---|---|---|---|
Duty of manager to provide information to occupier | £3,000 | £40,000 | £2,400 | £3,000 | £3,600 |
Offence-specific mitigating factors:
- the nature and extent of offences within the specific regulation
Offence-specific aggravating factors:
- the nature and extent of offences within the specific regulation
- the landlord has refused to provide any outstanding contact information more than 48 hours after it has been requested by an occupant or on behalf of an occupant
| Name of management regulation | Starting point | Statutory maximum civil penalty amount | Landlord type: downward adjustment | Landlord type: adjustment | Landlord type: upward adjustment |
|---|---|---|---|---|---|
Duty of manager to take safety measures | £20,000 | £40,000 | £16,000 | £20,000 | £24,000 |
Offence-specific mitigating factors:
- the number, nature and extent of offences within the specific regulations
Offence-specific aggravating factors:
- the number, nature and extent of offences within the specific regulation
| Name of management regulation | Starting point | Statutory maximum civil penalty amount | Landlord type: downward adjustment | Landlord type: adjustment | Landlord type: upward adjustment |
|---|---|---|---|---|---|
Duty of manager to maintain water supply and drainage | £10,000 | £40,000 | £8,000 | £10,000 | £12,000 |
Offence-specific mitigating factors:
- the number, nature and extent of offences within the specific regulations
Offence-specific aggravating factors:
- the number, nature and extent of offences within the specific regulation
| Name of management regulation | Starting point | Statutory maximum civil penalty amount | Landlord type: downward adjustment | Landlord type: adjustment | Landlord type: upward adjustment |
|---|---|---|---|---|---|
Duty of manager to supply and maintain gas and electricity | £12,000 | £40,000 | £9,600 | £12,000 | £14,400 |
Offence-specific mitigating factors:
- the number, nature and extent of offences within the specific regulations
Offence-specific aggravating factors:
- the number, nature and extent of offences within the specific regulation
| Name of management regulation | Starting point | Statutory maximum civil penalty amount | Landlord type: downward adjustment | Landlord type: adjustment | Landlord type: upward adjustment |
|---|---|---|---|---|---|
Duty of manager to maintain common parts, fixture, fittings and appliances | £7,000 | £40,000 | £5,600 | £7,000 | £8,400 |
Offence-specific mitigating factors:
- the number, nature and extent of offences within the specific regulations
Offence-specific aggravating factors:
- the number, nature and extent of offences within the specific regulation
| Name of management regulation | Starting point | Statutory maximum civil penalty amount | Landlord type: downward adjustment | Landlord type: adjustment | Landlord type: upward adjustment |
|---|---|---|---|---|---|
Duty of manager to maintain living accommodation | £7,000 | £40,000 | £5,600 | £7,000 | £8,400 |
Offence-specific mitigating factors:
- the number, nature and extent of offences within the specific regulations
Offence-specific aggravating factors:
- the number, nature and extent of offences within the specific regulation
| Name of management regulation | Starting point | Statutory maximum civil penalty amount | Landlord type: downward adjustment | Landlord type: adjustment | Landlord type: upward adjustment |
|---|---|---|---|---|---|
Duty to provide waste disposal facilities | £7,000 | £40,000 | £5,600 | £7,000 | £8,400 |
Offence-specific mitigating factors:
- the number, nature and extent of offences within the specific regulations
Offence-specific aggravating factors:
the nature and extent of offences within the specific regulation
the lack of sufficient refuse and/or litter containers either inside and/or outside the property has been previously reported
the refuse and/or litter that requires disposal includes hazardous materials
