Why member engagement matters
No definitive sentencing guidance will be issued until enabling legislation is in place, and the Sentencing Council has made clear that responses received now will directly inform the outcome.
It is essential that the views of professional agents are heard, to ensure the guidance targets genuinely rogue behaviour, recognises the role of competent agents in raising standards, and avoids unintended consequences for those acting in good faith
What is being proposed?
The consultation sets out two guidelines covering the nine offences of unlawful eviction of occupier and unlawful harassment of occupier, and four guidelines covering offences related to houses in multiple occupation (HMOs) and other housing standards offences.
At present, there are no specific sentencing guidelines for housing offences. Courts rely on general principles, which can lead to inconsistent outcomes. The Sentencing Council says the new guidelines would give judges clearer direction, particularly where offences cause serious harm to tenants or involve deliberate or repeated non-compliance.
While the number of prosecutions remains relatively low, the Council has been clear that offences such as unlawful eviction can have a devastating impact on tenants and should be treated accordingly.
Potential penalties in focus
Although the consultation does not set fixed penalties, the draft guidance signals a tougher and more structured approach. Courts would be asked to consider:
- The level of harm caused to tenants, including distress, displacement and risk to health
- The culpability of the offender, including whether the behaviour was deliberate, reckless or persistent
- Aggravating factors, such as previous convictions, attempts to conceal breaches or targeting vulnerable tenants
Custodial sentences could be considered in the most serious cases, alongside higher fines and longer-term consequences for those convicted. These proposals reinforce the direction of travel towards stronger enforcement against rogue operators.
What this means for letting agents and landlords
Propertymark members already operate to high professional standards. However, the proposed guidelines raise the stakes where things go wrong.
Letting agents should be aware that:
- Poor advice or weak oversight could expose landlords – and potentially agents – to greater legal risk
- Management of HMOs and licensing compliance will be under closer scrutiny
- Accurate records of inspections, repairs, notices and communications will be more important than ever
Landlords who ignore licensing rules, fail to address serious hazards or act unlawfully towards tenants could face significantly harsher outcomes if convicted. By contrast, those who take reasonable steps to comply, seek professional advice and act promptly when issues arise are better placed to demonstrate lower culpability.
Agents play a critical role in helping landlords understand and meet their legal obligations. Where agents are instructed to manage properties, the expectation that they act competently and proactively is only increasing.
Representing members
The consultation is open until 9 April 2026. We encourage individuals to respond directly to the Sentencing Council, and for members to share their views and evidence with Propertymark, to inform our collective response on behalf of the sector
Responses should highlight practical impacts, enforcement realities, and how guidance can best support fair, proportionate outcomes.
By engaging now, property professionals can help ensure that future sentencing guidance is robust, balanced and supports a professional, well-functioning private rented sector.
