We support measures that will improve clarity and fairness across different housing offences, particularly the use of graduated categories that distinguish between serious misconduct and lower-level breaches. The framework provides clearer starting points and sentencing ranges, alongside turnover-based fines for businesses, helping courts apply penalties more consistently.
Clear communication and accessibility remain vital to ensure that landlords and agents understand their responsibilities, and that tenants are aware of their rights, so that the new framework can be implemented effectively.
What is being proposed?
At present, there are no specific sentencing guidelines for housing offences. Courts rely on general principles, which can lead to inconsistent outcomes.
The consultation set 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.
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
The new guidelines would give judges clearer direction, particularly where offences cause serious harm to tenants or involve deliberate or repeated non-compliance.
Focus on proportionality and fairness
Propertymark welcomes the clear distinction between serious offences involving deliberate harm, intimidation, or systemic failings, and less severe breaches that may arise from poor practice or a lack of understanding.
The most serious cases must be prioritised and met with robust sanctions. At the same time, the framework should allow for a more balanced response where offences are less severe, ensuring that enforcement remains fair and targeted.
Greater role for education and compliance
For lower culpability cases, education must be considered alongside enforcement. Rather than relying solely on financial penalties, improving knowledge and encouraging better practice can help prevent repeat offending.
Recognising efforts to remedy issues or undertake training as mitigating factors is an important part of this approach, reflecting the reality that some breaches occur without malicious intent and can be addressed through greater awareness and compliance.
Stronger recognition of harm to tenants
The proposed harm categories help ensure that the most serious cases, such as where tenants lose their homes or experience significant distress, are clearly identified and treated accordingly.
At the same time, the framework allows courts to take a proportionate view where the impact is less severe. This balance is important to ensure that sentencing reflects the consequences of offences without applying a one-size-fits-all approach.
Concerns over overlapping enforcement
With a range of tools already available, including civil penalties, banning orders, and Rent Repayment Orders, penalties must not become disproportionate when applied together.
Clear guidance is needed to ensure that enforcement remains fair and consistent, particularly where multiple sanctions may be pursued simultaneously.
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.
Agents play a critical role in helping landlords understand and meet their legal obligations. 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 and agents 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.
