Legislation – Renters’ Rights Act 2025

“(7)

A person may not be convicted of an offence under this section in respect of any conduct if a financial penalty has been imposed under section 1A in respect of that conduct.”

“1AFinancial penalty for offence under section 1

(1)

A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person has committed an offence under section 1 in relation to premises in England.

(2)

No financial penalty may be imposed in respect of any conduct amounting to an offence under section 1 if—

(a)

the person has been convicted of an offence under that section in respect of the conduct,

(b)

criminal proceedings for an offence under that section in respect of the conduct have been instituted against the person and the proceedings have not been concluded, or

(c)

criminal proceedings for an offence under that section in respect of the conduct have been concluded and the person has not been convicted of the offence.

(3)

The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £40,000.

(4)

The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.

(5)

Local housing authorities must have regard to any guidance issued under subsection (4).

(6)

Schedule A1 makes provision about—

(a)

the procedure for imposing financial penalties,

(b)

appeals against financial penalties,

(c)

enforcement of financial penalties, and

(d)

how local housing authorities are to deal with the proceeds of financial penalties.

(7)

The Secretary of State may by regulations amend the amount specified in subsection (3) to reflect changes in the value of money.

(8)

Regulations under this section are to be made by statutory instrument.

(9)

A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(10)

In this section and Schedule A1, “local housing authority” means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly.”

“Schedule A1Financial penalty for offence under section 1

Section 1A

Notice of intent

1

Before imposing a financial penalty on a person under section 1A a local housing authority must give the person notice of its proposal to do so (a “notice of intent”).

2

(1)

The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty relates.

(2)

But if the person is continuing to engage in the conduct on that day, and the conduct continues beyond the end of that day, the notice of intent may be given—

(a)

at any time when the conduct is continuing, or

(b)

within the period of 6 months beginning with the last day on which the conduct occurs.

3

The notice of intent must set out—

(a)

the date on which the notice of intent is given,

(b)

the amount of the proposed financial penalty,

(c)

the reasons for proposing to impose the financial penalty, and

(d)

information about the right to make representations under paragraph 4.

Right to make representations

4

(1)

A person who is given a notice of intent may make written representations to the local housing authority about the proposal to impose a financial penalty.

(2)

Any representations must be made within the period of 28 days beginning with the day after that on which the notice was given (“the period for representations”).

Final notice

5

After the end of the period for representations the local housing authority must—

(a)

decide whether to impose a financial penalty on the person, and

(b)

if it decides to impose a financial penalty, decide the amount of the penalty.

6

If the authority decides to impose a financial penalty on the person, it must give the person a notice (a “final notice”) imposing that penalty.

7

The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given.

8

The final notice must set out—

(a)

the date on which the final notice is served,

(b)

the amount of the financial penalty,

(c)

the reasons for imposing the penalty,

(d)

information about how to pay the penalty,

(e)

the period for payment of the penalty,

(f)

information about rights of appeal, and

(g)

the consequences of failure to comply with the notice.

Withdrawal or amendment of notice

9

(1)

A local housing authority may at any time—

(a)

withdraw a notice of intent or final notice, or

(b)

reduce the amount specified in a notice of intent or final notice.

(2)

The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given.

Appeals

10

(1)

A person to whom a final notice is given may appeal to the First-tier Tribunal against—

(a)

the decision to impose the penalty, or

(b)

the amount of the penalty.

(2)

An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice was given.

(3)

If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned.

(4)

An appeal under this paragraph—

(a)

is to be a re-hearing of the local housing authority’s decision, but

(b)

may be determined having regard to matters of which the authority was unaware.

(5)

On an appeal under this paragraph the First-tier Tribunal may confirm, vary or cancel the final notice.

(6)

The final notice may not be varied under sub-paragraph (5) so as to make it impose a financial penalty of more than the local housing authority could have imposed.

Recovery of financial penalty

11

(1)

This paragraph applies if a person fails to pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay.

(2)

The local housing authority which imposed the financial penalty may recover the whole or part of the penalty on the order of the county court as if it were payable under an order of that court.

(3)

In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is—

(a)

signed by the chief finance officer of the local housing authority which imposed the penalty, and

(b)

states that the amount due has not been received by a date specified in the certificate,

is conclusive evidence of that fact.

(4)

A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.

(5)

In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.

Proceeds of financial penalties

12

Where a local housing authority imposes a financial penalty under this Act, it may apply the proceeds towards meeting the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions under this Act or otherwise in relation to the private rented sector.

13

Any proceeds of a financial penalty imposed under this Act which are not applied in accordance with paragraph 12 must be paid to the Secretary of State.

14

(1)

In paragraph 12, enforcement functions “in relation to the private rented sector” means enforcement functions relating to—

(a)

residential premises in England that are let, or intended to be let, under a tenancy,

(b)

the common parts of such premises,

(c)

the activities of a landlord under a tenancy of residential premises in England,

(d)

the activities of a person carrying on English letting agency work within the meaning of section 54 of the Housing and Planning Act 2016 in relation to such premises, or

(e)

the activities of a person carrying on English property management work within the meaning of section 55 of the Housing and Planning Act 2016 in relation to such premises.

(2)

For the purposes of this paragraph, “residential premises” has the meaning given by section 1 of the Housing Act 2004 except that it does not include social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008.

(3)

For the purposes of this paragraph, “tenancy” includes a licence to occupy.”