Local authority enforcement duties

A local authority has a duty to enforce breaches of tenancy law in the private rented sector in its area.[1] The duty applies from 1 May 2026.

A local authority can take action for offences committed outside of its area.[2]

Who can enforcement action be taken against

A local authority can take enforcement action against a landlord or their representative, such as a letting agent.[3]

Legal representatives are exempt from enforcement action.[4]

Offences a local authority must enforce

A local authority has a duty to enforce:[5]

• breaches of rental discrimination rules

• breaches of the requirement to state rent and avoid rental bidding

• illegal eviction and harassment offences

• other offences in Chapter 1 of Part 1 Housing Act 1988

Offences under Chapter 1 of Part 1 Housing Act 1988 include a failure to provide a statement of terms, issuing a notice to quit or purported notice of possession, misusing possession grounds and breaches of ground 1 and ground 1A rules.

How a local authority can take enforcement action

The enforcement actions which a local authority can take depend on the breach. These include:[6]

• financial penalties up to £7,000

• criminal prosecution for certain offences

• financial penalties up to £40,000 as an alternative to prosecution

Rent repayment orders

A local authority can apply for a rent repayment order to recover up to two years' rent from a landlord where that rent has been paid by universal credit or housing benefit.

A local authority has a duty to consider applying for a rent repayment order when it becomes aware that a person has been convicted of a relevant offence.[7]

Find out more about rent repayment orders before 1 May 2026 and rent repayment orders from 1 May 2026.

Banning orders

A local authority can apply for a banning order to prevent someone from renting out residential accommodation or engaging in letting agency or property management work.

Find out more about banning orders.

A local authority can impose a financial penalty if it is satisfied beyond reasonable doubt that a landlord or their representative has breached certain rules.[8]

The maximum penalty is £7,000.[9]

A financial penalty can be imposed on more than one person jointly. If a financial penalty is imposed on more than one person, they are jointly and severally liable to pay it.[10]

When a financial penalty cannot be imposed

A financial penalty cannot be imposed if:[11]

• the person has been convicted of an offence for the conduct

• criminal proceedings have begun and have not concluded

• criminal proceedings have concluded and the person was not convicted of an offence

• a financial penalty has already been imposed as an alternative to prosecution

Where more than one penalty can be imposed for the same conduct

More than one penalty can be imposed on the same person for failing to provide a statement of terms only if either:

• the breach continues 28 days after the previous penalty was imposed, unless the person appeals

• the person appeals, but the breach continues 28 days after the appeal is finalised

A second penalty cannot be imposed after the final notice for the previous penalty has been withdrawn or quashed on appeal.

Table: When a financial penalty of up to £7000 can be imposed

A penalty cannot be imposed for both serving a notice to quit and serving a purported notice of possession.[12]

A landlord or their representative can be convicted of an offence for certain breaches of tenancy law.[13]

The sentence for those found guilty of an offence is a fine.[14]

Table: landlord criminal offences

This table includes offences where the local authority has a duty to enforce landlord legislation.

The local authority can also apply to prosecute a landlord or their representative for other offences, including breaches of HMO licensing rules, improvement notices and banning orders.

Knowingly or recklessly misusing a possession ground

A person is guilty of an offence if they rely on a ground for possession for an assured tenancy:[15]

• knowing that the landlord would not be able to get a possession order on that ground, or being reckless as to whether the landlord could obtain possession

• the tenant surrenders the tenancy within four months of the notice, and no possession order is made

This offence has a maximum penalty of £40,000.

Where the landlord or their representative does not reasonably believe the landlord can obtain possession on the ground, the local authority can issue a maximum penalty of up to £7,000. This is not a criminal offence.

Re-letting or marketing a property

A landlord or their representative is guilty of an offence if the landlord uses ground 1 or ground 1A to end a tenancy and then re-lets or markets the property within the restricted period.[16] The restricted period starts when the notice is served and ends 12 months after the notice ends.

It is a defence for someone other than a landlord who has breached the rules on marketing a property during the restricted period to show that they took all reasonable steps to avoid breaching it.[17]

Find out more about possession when the landlord wants to sell or move in.

Continued offences

A landlord or their representative is guilty of an offence if:[18]

• a financial penalty has been imposed on them and the final notice has not been withdrawn

• the conduct for which the penalty was imposed continues after the end of the period of 28 days, from the day after the penalty was imposed or from the day any appeal concludes

Financial penalty means a penalty imposed under s.16I or s.16K Housing Act 1988 where the period for an appeal has ended, or an appeal has been withdrawn, abandoned or confirmed on appeal.[19]

Repeated breaches

A landlord or their representative is guilty of an offence if they incur a financial penalty under s.16I Renters' Rights Act and within five years either:[20]

• another penalty is imposed on them

• they have been convicted for different conduct

Financial penalty means a penalty imposed under s.16I or s.16K Housing Act 1988 where the period for an appeal has ended, or an appeal has been withdrawn, abandoned or confirmed on appeal.[21]

When someone cannot be convicted

A person cannot be convicted of an offence if a financial penalty has been imposed for that conduct, unless it relates to a continued breach.[22]

Offences by company directors

If an offence is committed by a company, and it is proven to have been committed with the consent or connivance of an officer of the company, the officer and the company are both liable.[23]

If a breach of the rules on re-letting and marketing the property during the restricted period after using ground 1 or 1A is due to neglect by an officer, both the officer and company are liable. Either could be subject to criminal proceedings.[24]

This also applies to members of a corporate body which is managed by its members.[25]

A local authority can impose a financial penalty on a person if it is satisfied beyond reasonable doubt that they are guilty of a landlord offence for which a criminal prosecution could be made.[26]

The maximum amount for the financial penalty is £40,000. The exact amount can be determined by the local authority.[27]

A local authority must have regard to any guidance issued by the Secretary of State regarding these powers.[28]

When a financial penalty cannot be imposed

A financial penalty cannot be imposed if:[29]

• the person has been convicted of a criminal offence for the same conduct

• criminal proceedings have started but not yet concluded

• criminal proceedings have concluded and the person has not been convicted

When a financial penalty can be imposed on more than one person

If the local authority is satisfied that the offence was committed by more than one person, the authority can impose a financial penalty on them jointly. The people who are subject to the financial penalty are jointly and severally liable to pay it.[30]

A local authority which wishes to impose a financial penalty of up £7,000 or up to £40,000 must follow a set process.[31]

Notice of intent

A local authority must serve a notice of intent if it intends to impose a financial penalty on a landlord of their representative.

The notice must set out:

• the date on which the notice of intent is given

• the amount of the proposed financial penalty

• the reasons for proposing to impose the penalty

• information on the right to make representations

When notice can be served

The notice must be given within six months from the first day the authority has sufficient evidence of the conduct the financial penalty relates to.

If the conduct is continuing, the notice of intent may be given either:

• at any time while the conduct continues

• within six months from the last day on which the conduct occurs

Right to make representations

A person who receives a notice of intent can make written representations to the local authority about the proposed financial penalty. Any representations must be made within 28 days starting with the day after the notice was given.

Final notice

After the 28 day period for representations is over, the local authority must decide whether to impose a financial penalty, and the amount of any penalty.

If the authority decides to impose a penalty, it must serve a final notice. The final notice must require the penalty to be paid within 28 days from the day after the notice was given.

The final notice must include:

• the date on which final notice is given

• the amount of the penalty

• the reasons for imposing the penalty

• information about how to pay and the period for payment

• information about rights to appeal and the consequences of failure to comply

Withdrawing or amending notice

A local authority can at any time withdraw a notice of intent or final notice. It may also reduce the amount specified in a notice. It must give notice in writing to the person subject to the notice.

Appeals

A person who receives a final notice of a financial penalty can appeal to the First-tier Tribunal. The Tribunal can consider the decision to impose the penalty, or the amount of the penalty.

An appeal must be brought within 28 days starting with the day after the final notice was given.

When an appeal is made, the final notice is suspended until the appeal is determined, withdrawn or abandoned.

The Tribunal conducts a re-hearing of the local authority's decision, but can consider matters the authority was unaware of.

The Tribunal can confirm, vary or cancel the final notice.

Recovery of financial penalties

If a person fails to pay any part of a financial penalty, the local authority can recover the unpaid sum through the county court.

The local authority must provide a certificate signed by the chief finance officer of the local authority stating that the amount has not been received by the date in the certificate.

Proceeds of financial penalties

A local authority which imposes a financial penalty can apply the proceeds towards meeting the costs associated with its enforcement functions in the private rented sector.