Landlords in the UK are likely to face tougher sentencing for unlawful eviction and harassment offences, following a new consultation launched by the Sentencing Council. This development aims to address concerns that current penalties are insufficient to deter criminal behaviour in the private rented sector, which is of direct relevance to landlords and agents managing rental properties.

Sentencing Council consultation on housing offences

The Sentencing Council has opened a public consultation seeking views on proposed sentencing guidelines for housing-related offences, including unlawful eviction and harassment of tenants. Lady Justice May, chair of the Council, highlighted the need for clearer and more consistent sentencing, noting that “housing offences such as unlawful eviction can have a devastating impact.” She added that current guidance is limited, leading to inconsistent sentencing across courts in England and Wales.

The consultation is open to anyone involved or interested in criminal justice or the private rented sector, including landlords, tenants, local authorities, and legal professionals. It runs from 15 January until 9 April 2026. The draft guidelines cover nine offences related to unlawful eviction and harassment, as well as breaches of Houses in Multiple Occupation (HMO) and housing standards, with separate guidance for individuals and corporate bodies.

Background: concerns over enforcement and sentencing

This consultation follows growing concerns about weak enforcement against criminal landlords. Research published by the University of York last month found that councils and police often struggle to take effective action against repeat offenders operating on the margins of the private rented sector. The study revealed that while civil penalties can be imposed relatively quickly, criminal prosecutions tend to be slow, under-resourced, and often result in minimal sanctions.

For example, some courts have imposed fines as low as £100 for illegal eviction offences, which many consider insufficient to deter unlawful behaviour. Furthermore, fewer than 40 landlords have been subject to banning orders under the Housing and Planning Act 2016 over the past decade, highlighting difficulties in permanently removing criminal landlords from the market.

Challenges with banning orders and enforcement

The University of York report also emphasised that councils frequently identify landlords involved in hazardous housing conditions, harassment, or unlawful eviction, yet find it almost impossible to remove them permanently from the rental market. The study noted instances where police inadvertently facilitated unlawful evictions due to unclear procedures and limited coordination between agencies.

Dr Julie Rugg of the University of York’s School for Business and Society commented: “The deterrent for these crimes are so weak that criminality, such as rent-to-rent scams, slum rentals, cannabis farms, and money laundering have become embedded in the rental system. Stronger and consistent collaboration between agencies can stop this cycle, but local authorities and the police lack resources to investigate and skills to prosecute.”

Implications for landlords and agents

For landlords and letting agents, the consultation signals a potential shift towards stricter enforcement and harsher penalties for unlawful eviction and harassment offences. It is essential for landlords to ensure compliance with legal eviction processes and maintain professional standards to avoid criminal liability. Understanding the proposed sentencing guidelines and engaging with the consultation could help landlords anticipate changes and adapt their practices accordingly.

Moreover, the emphasis on clearer guidance and consistency in sentencing may encourage landlords to resolve disputes through lawful means and improve tenant relations, reducing the risk of costly legal consequences.

Looking ahead: TLA Trusted Partners Hub

In related news, the Tenant and Landlord Association (TLA) is launching a new Trusted Partners Hub in the first quarter of 2026. This initiative will feature verified and approved service providers selected to support landlords, tenants, and property management businesses. Legal, trades, insurance, financial, mortgage, tenant screening, and other service providers are invited to register their interest to join the hub. This development aims to provide landlords with reliable resources to help manage their properties compliantly and efficiently.

For more information or to register as a service provider, visit the TLA website.