Civil penalties under the Renters' Rights Act: £7,000 breaches and £40,000 offences

The government's statutory guidance splits non-compliance into breaches (civil penalty up to £7,000) and offences (prosecution or a civil penalty up to £40,000). Here is what falls where.

The government has published statutory guidance for local authorities in England on issuing civil penalties for housing offences.

The two categories

The guidance draws a line that determines the maximum penalty:

• Breach — non-compliance where the council may impose a civil penalty of up to £7,000, with no option to prosecute.
• Offence — non-compliance where the council may either prosecute or impose a civil penalty of up to £40,000.

What the guidance covers

The listed breaches and offences include:

• unlawful eviction and harassment of an occupier (Protection from Eviction Act 1977, sections 1 and 1A)
• failure to give a written statement of terms (Housing Act 1988, section 16D)
• failure to give an existing tenant information about the Renters' Rights Act changes (paragraph 7(2) of Schedule 6 to the Act)
• attempting to let a property for a fixed term (section 16E)
• attempting to end a tenancy orally or by a notice to quit (section 16E)
• serving an eviction notice that attempts to end a tenancy outside the prescribed section 8 process (section 16E)
• relying on a ground where the person does not reasonably believe possession would be obtained (sections 16E and 16J)
• failing to give prior notice that a ground requiring it may be used (section 16E)
• reletting or remarketing before the 12-month no-let period expires after using the moving or selling grounds (sections 16E and 16J)

Status of the guidance

It is statutory guidance issued by the Secretary of State under, among others, section 1A(4) of the Protection from Eviction Act 1977, sections 16I(9) and 16K(5) of the Housing Act 1988, Schedule 13A to the Housing Act 2004, section 23(10) of the Housing and Planning Act 2016 and sections 40(8) and 57(6) of the Renters' Rights Act 2025. Local housing authorities must have regard to it when setting civil penalty policies and imposing penalties. County councils that are not local housing authorities may also impose penalties and are expected to have regard to the same guidance.

Keeping your own record

If a council ever questions how a notice or document was handled, the practical defence is a dated record: what was served, to whom, how, and when. Keep copies of everything you serve on tenants, with proof of posting or delivery where you have it.

This is general information about published statutory guidance, not legal advice.

Sources: - GOV.UK - Civil penalties under the Renters Rights Act 2025 and other housing legislation: https://www.gov.uk/government/publications/civil-penalties-under-the-renters-rights-act-2025-and-other-housing-legislation/civil-penalties-under-the-renters-rights-act-2025-and-other-housing-legislation - Renters Rights Act 2025, Part 4: https://www.legislation.gov.uk/ukpga/2025/26/part/4 - Protection from Eviction Act 1977: https://www.legislation.gov.uk/ukpga/1977/43

Published: 2026-08-31.

Last reviewed: 2026-08-30.

General summary; not legal advice.