Propertymark has urged the Sentencing Council to ensure that sanctions for housing offences remain proportionate, highlighting concerns over the potential impact of new sentencing guidelines on landlords and agents. The industry body responded to the council’s consultation, emphasising the need for clarity and fairness in sentencing to avoid disproportionate penalties, especially where offences arise from administrative errors or legal misunderstandings.

New Sentencing Guidelines for Housing Offences

The Sentencing Council is consulting on proposed guidelines that would introduce specific sentencing frameworks for housing offences, which currently lack dedicated guidance. The proposals cover nine offences related to unlawful eviction and harassment, alongside four offences concerning Houses in Multiple Occupation (HMOs) and breaches of housing standards.

Under the new guidelines, courts would assess both the harm caused to tenants—such as distress, displacement, and health risks—and the culpability of the offender, considering whether actions were deliberate, reckless, or persistent. Lady Justice May, Chair of the Sentencing Council, noted the devastating impact unlawful eviction can have and stressed the importance of consistent sentencing across the country despite the currently low number of defendants.

Propertymark Welcomes Graduated Approach but Calls for Proportionality

Propertymark has welcomed the council’s approach to distinguishing between varying degrees of culpability and harm. The organisation supports the graduated models that differentiate serious, deliberate breaches from lower-level or administrative failings, advocating for education and training measures alongside fines in less severe cases.

For serious offences involving deliberate harm or systemic failings, Propertymark agrees that proportionate sanctions are necessary. The body also supports the use of turnover-based fines for organisations, viewing this as consistent with other regulatory frameworks.

However, Propertymark cautions that the sentencing guidelines must be balanced with other enforcement mechanisms, including the Renters’ Rights Act, which allows fines of up to £30,000. The organisation stresses the importance of ensuring that cumulative sanctions from criminal prosecution, civil penalties, banning orders, and Rent Repayment Orders do not become disproportionate relative to the offence.

Concerns Over Administrative Errors and Impact on Industry

In its consultation response, Propertymark highlighted that 64% of its members believe that between 76% and 100% of landlord offences, such as HMO licensing breaches and failure to comply with improvement notices, result from genuine administrative errors or confusion over legal requirements. This suggests a significant portion of offences may not stem from deliberate wrongdoing.

The body also warned that if imprisonment is set as the starting point for serious unlawful eviction cases, 34% of its members would cease representing “high-risk” landlords or HMOs under those conditions. This could have wider implications for the availability of representation and management of such properties.

Additionally, nearly half of landlords surveyed estimated the cost of completing a full legal eviction to be between £3,001 and £7,000, underscoring the financial burden associated with eviction processes.

What this means for landlords

Landlords should be aware that the introduction of specific sentencing guidelines for housing offences may lead to more consistent but potentially stricter penalties. However, Propertymark’s call for proportionality suggests that landlords who commit offences due to administrative errors or misunderstandings may benefit from a focus on education and training rather than harsh sanctions.

Those managing HMOs or representing higher-risk landlords should monitor developments closely, as tougher sentencing starting points could affect their willingness to engage with certain clients. The emphasis on avoiding disproportionate cumulative sanctions also highlights the importance of understanding how different enforcement routes may interact.

Source: Based on reporting from Property118

TLA Training Academy

The Landlord Association has launched its new Training Academy for UK landlords, providing structured guidance, compliance education, and practical knowledge to support landlords at every stage. Members can now complete the programme and become TLA Certified Landlords at no additional cost as part of their membership.

Landlords can explore the Academy here: https://landlordassociation.org.uk/tla-academy/

Those looking to join and access the full training and certification can register here: https://landlordassociation.org.uk/landlord-association-membership-uk/

TLA update

The Landlord Association is currently onboarding new service providers into its Trusted Partner Hub, a new initiative designed to support landlords, tenants, letting agents, and property managers with vetted, high-quality services. As one of the fastest growing landlord associations in the UK, TLA offers partners direct access to an engaged and active member base at the point of need. Service providers across legal, maintenance, insurance, finance, mortgages, tenant screening, and property services can register their interest here: https://landlordassociation.org.uk/become-a-tla-service-partner/