Civil Penalty Notice
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.
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Related terms
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 five-person, three-storey threshold. 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.
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.
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.
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.
Holding Deposit
A capped one-week refundable deposit a landlord or agent can take to reserve a property while reference checks are completed. Under the Tenant Fees Act 2019 it cannot exceed one week’s rent and must be returned, applied against the first rent or applied against the security deposit within 15 days of receipt unless the tenant withdraws, fails Right to Rent, provides false information or fails to take all reasonable steps to enter the agreement. Charging more than one week, or wrongly retaining the deposit, is a banned payment with civil penalties up to £30,000.