Civil Penalty Notice
Quick answer
A financial penalty up to £30,000 a local housing authority can impose as an alternative to criminal prosecution under the Housing and Planning Act 2016, the Housing Act 2004 (HMO offences) and various tenancy offences. Common triggers: failure to comply with an Improvement Notice, breach of HMO licensing, unlawful eviction, breach of selective licensing or letting an unsafe property. The landlord can appeal to the First-tier Tribunal within 28 days; unpaid penalties are recoverable in the County Court.
At a glance
- RRA breach
- Up to £7,000 (council cannot prosecute)
- RRA offence
- Up to £40,000 (prosecute or penalise)
- Process
- Notice of intent → written representations → final notice
- Appeal
- First-tier Tribunal (Property Chamber)
Full guide
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Open full guideWhy Civil Penalty Notice matters for landlords
Civil penalties are how housing law is actually enforced now: no criminal court, no prosecution threshold, just a council officer, a matrix and a notice. The Renters’ Rights Act split non-compliance into a **breach** (up to £7,000, no prosecution option) and an **offence** (up to £40,000, prosecute or penalise), with severity setting the figure. Two practical points decide what you pay. You get a notice of intent first and can make written representations — landlords who put the facts in writing at that stage frequently see the figure cut, while those who ignore letters do not. And cooperation and prompt remediation are express scoring factors, so fixing the problem is worth money, not just principle.
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Official sources
LetCompliance editorial reviews this entry every quarter against the sources above. Always confirm specific duties with a qualified solicitor or your local council.
Related terms
Improvement Notice
A formal notice served by the local housing authority under section 11 (Category 1 hazard) or section 12 (Category 2 hazard) of the Housing Act 2004 requiring a landlord to remedy hazards identified through the Housing Health and Safety Rating System (HHSRS). The notice specifies the works, the deadline and the route of appeal to the First-tier Tribunal. Failure to comply is a criminal offence with civil penalty up to £30,000, and triggers a 12-month Rent Repayment Order window.
Client Money Protection (CMP)
A government-mandated scheme that reimburses landlords and tenants if a letting or managing agent in England misappropriates rent, deposits or other client money. Since April 2019 every agent that holds client money must belong to an approved CMP scheme (Propertymark, RICS, UKALA or Client Money Protect), display its membership, and keep client money in a separate, regularly reconciled client account. Trading without cover is an offence with a civil penalty of up to £30,000.
CO Alarm (Carbon Monoxide Alarm)
Required from 1 October 2022 in every room with a fixed combustion appliance (excluding gas cookers) in private rented homes in England. The landlord must ensure an alarm is present and in working order at the start of each tenancy. Maximum civil penalty: £5,000 per property.
Additional Licensing
A discretionary HMO licensing scheme a council can introduce under section 56 of the Housing Act 2004 to cover smaller HMOs that fall below the mandatory threshold of five or more occupants in two or more households. (The old three-storey condition was removed on 1 October 2018 — mandatory licensing now applies regardless of how many storeys the property has.) It is separate from selective licensing (which covers all rented homes in a designated area, not just HMOs). Operating an unlicensed HMO where additional licensing applies is a criminal offence with civil penalties up to £30,000 and exposure to a Rent Repayment Order of up to 24 months’ rent.
Council Tax
The tax charged on residential property by the local authority. Tenants are usually liable while the property is let as their main residence. Landlords become liable during void periods and for most HMOs (where each tenant has their own AST).
EICR (Electrical Installation Condition Report)
A formal inspection of the fixed electrical installation, wiring, consumer unit, sockets and light fittings, by a qualified electrician. Required every 5 years for all private rented properties in England under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020. Maximum civil penalty: £30,000 per property.