Landlords could face tougher penalties for committing housing offences
Landlords convicted of housing offences could face harsher penalties under new proposals from the Sentencing Council.
There are currently no sentencing guidelines for housing-related offences, despite existing rules making it clear landlords could be jailed for up to two years for unlawful eviction or harassment and organisations hit with unlimited fines.
In fact, according to documents included in the consultation, just 10 landlords were sentenced for unlawful eviction in 2024, with the majority receiving a fine of £1,000 or less.
The Sentencing Council, an independent public body established by Parliament to advise on these matters, believes it is a lack of solid guidance that is leading to ‘inconsistencies’ in the courts.
It has now launched a consultation proposing a stringent set of guidelines for a range of housing offences, focussing on illegal eviction, harassment, HMO management and property standards.
What is happening now?
The body says the absence of guidelines is leading to potential inconsistencies in compensation to tenants and deterring local authorities from prosecuting criminal landlords.
What will happen under the proposed changes?
Under the new sentencing proposals, fines, compensation and prison sentences will be tougher than the current average, based on the principle that any economic benefit the offender gained should be removed.
In terms of offences related to houses in multiple occupation (HMOs) and housing standards fines of up to £2.4 million could be levied for offences such as:
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Failure to have a HMO licence
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Knowingly permitting overcrowding of a HMO
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Breaching HMO licence conditions
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Failure to comply with management regulations in respect of HMOs.
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Failure to comply with an improvement notice
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Failure to comply with a prohibition order.
These fines would vary depending on turnover, the seriousness of the offence, whether the landlord is an individual or an organisation, and historic convictions.
Would these fines affect civil penalties?
No, these proposals are for fines imposed by the court as part of a criminal prosecution.
Instead of prosecuting through the courts, local authorities can instead choose to issue a civil penalty. These penalties will increase to a maximum of £40,000 as part of the Renters’ Rights Act.
These civil penalties are generally easier to enforce, take less time to penalise an offender, and the local authority can retain the money raised and use it to fund further housing enforcement work.
This creates strong incentives for local authorities to choose civil penalties over longer, more complex, criminal prosecutions.
How do guidelines work?
Once in place, by law, sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interest of justice to do so.
Launching the consultation, chair of the Sentencing Council, Lady Justice May said: “Housing offences such as unlawful eviction can have a devastating impact.
“There is currently limited guidance for courts on sentencing for these offences; consequently, a risk of inconsistency in how such offences are sentenced across the country.
“While the number of defendants sentenced for these offences is currently low, it is important that the courts approach sentencing with clarity and consistency.”
Can I respond to the consultation?
The consultation will last for 12-weeks. It is open to everyone; including members of the public, members of the judiciary, legal practitioners, individuals who work or have an interest in criminal justice, landlords and others in the private rented sector.
We will be responding on behalf of members, and the full consultation documents can be accessed here if you would like to respond personally. The closing date is 9th April.
The Sentencing Council has stressed it will not be publishing any definitive guidelines until the Sentencing Bill has received Royal Assent and comes into force.
Please keep an eye on our news site and social media for our official response.
