Renters’ Rights Act Penalties, Council Powers and Rent Repayment Orders

Renters’ Rights Act fines in England are civil penalties imposed by councils. Breaches such as letting on a fixed term, failing to give written terms or rental discrimination carry fines of up to £7,000. Offences, including misusing possession grounds and continuing or repeat breaches, carry up to £40,000 or prosecution. Tenants can also claim up to two years’ rent back.

Last updated: 2 November 2026. Applies to England unless stated.

This guide covers England only and forms part of our Renters’ Rights Act guide. It sets out the two penalty levels, the starting points councils use, how rent repayment orders now work and the investigatory powers councils have had since 1 May 2026. Every figure below comes from the Act or the government’s statutory guidance.

Two levels: breaches and offences

The government’s civil penalties guidance divides Renters’ Rights Act enforcement into two categories.

The maximum civil penalty for housing offences rose from £30,000 to £40,000 on 1 May 2026. The guidance applies to breaches and offences committed on or after that date.

Renters’ Rights Act fines: starting points

Statutory guidance gives councils a national starting point for each breach or offence. Councils then adjust up or down for factors such as culpability and harm, within the statutory maximum. These are starting points, not fixed fines.

Tenancy and possession

Lettings conduct

The same guidance sets starting points for wider housing offences, such as £25,000 for failing to comply with an improvement notice and £17,000 for an unlicensed HMO.

Continuing and repeat breaches

A single breach can escalate. If conduct in breach of the assured tenancy rules continues more than 28 days after a penalty, or after any appeal, the landlord commits an offence. That exposes them to prosecution or a civil penalty of up to £40,000.

The same tenancy breach repeated within five years also becomes an offence. For rental discrimination and rental bidding, repeat or continuing breaches do not become offences, but further penalties of up to £7,000 can be imposed.

For written statements and prescribed information, more than one penalty is possible if the breach continues beyond 28 days after the penalty.

Rent repayment orders

A rent repayment order (RRO) requires a landlord to repay rent to the tenant, or to the council where rent was paid through Housing Benefit or Universal Credit. The First-tier Tribunal makes the order.

What changed on 1 May 2026

• Up to two years’ rent. Tenants and councils can recover up to two years’ worth of rent.
• More offences. RROs now cover misusing a possession ground, letting or marketing during the 12-month restricted period after using the moving-in or selling ground, and continuing breaches of the tenancy reform requirements, alongside existing offences such as unlicensed HMOs, illegal eviction and harassment, and failing to comply with an improvement notice.
• Superior landlords. A superior landlord can be named if they committed the offence. Where several respondents are found to have committed it, they are jointly and severally liable for the full amount.
• Directors. Where the landlord is a company, the guidance tells councils to name directors, managers or senior officers as respondents too.
• Repeat offenders. Where a landlord has committed the same offence before and faced formal enforcement, or has been convicted or fined for the offence, the tribunal must make the order for the maximum amount unless there are exceptional circumstances.

How RROs work in practice

No conviction is needed. The tribunal must be satisfied beyond reasonable doubt that the offence was committed. The notice of intended proceedings must be served within two years of the offence, and tenants can apply while still renting or after they have left.

The new rules apply to offences committed on or after 1 May 2026. Offences that straddle that date are split, with each part judged under the law in force at the time. From 15 December 2026, tenants can also apply for RROs in certain cases linked to the PRS database.

Council enforcement powers

The Act strengthens what councils can do to investigate landlords.

• Information powers. Sections 114 and 115 let councils require information from landlords and from any other person, including to decide the amount of a civil penalty.
• Entry powers. Sections 126 to 129 give councils powers of entry where a residential tenancy is suspected, with and without a warrant in specified circumstances.
• Superior landlord liability. In rent-to-rent arrangements, responsibility may rest with the superior landlord as well as, or instead of, the immediate landlord.

Councils must spend penalty income on private rented sector enforcement. Income not used for that purpose goes to central government.

Standard of proof

For most breaches and offences, the council must be satisfied beyond reasonable doubt. For discrimination against prospective tenants and rental bidding, the lower civil standard applies: the balance of probabilities.

How to appeal a civil penalty

1. Respond to the notice of intent. Councils issue a notice of intent before a final notice. Use that stage to make representations and provide evidence.
2. Check the final notice. Confirm the breach alleged, the amount and how it was calculated.
3. Appeal within 28 days. Appeals go to the First-tier Tribunal (Property Chamber) within 28 days of the final notice. The final notice is suspended until the appeal is decided or withdrawn.
4. Prepare for any outcome. The tribunal can confirm, vary or cancel the penalty. It can also increase it, up to the statutory maximum of £7,000 or £40,000.
5. Further appeal. A further appeal lies to the Upper Tribunal (Lands Chamber), with permission.

If you receive a notice of intent, take advice early. You can book legal advice through TLA.

PRS database penalties

Separate penalties apply to the PRS database, which opens region by region from 15 December 2026. Failing to register can lead to a penalty of up to £7,000, and knowingly or recklessly giving false or misleading information, or continuing or repeated breaches, up to £40,000. See landlord registration penalties.

How to avoid Renters’ Rights Act fines

1. Audit every tenancy agreement for fixed terms, rent review clauses and Section 21 references.
2. Give written information before signing for every new tenancy, and keep proof that existing tenants received the Information Sheet 2026.
3. Use only Section 8 grounds you genuinely believe apply, with the correct notice period.
4. Do not relet or remarket after serving notice on the moving-in or selling ground until 12 months after the notice period ends.
5. Advertise a fixed rent and never invite or accept offers above it.
6. Remove blanket bans on families with children and benefit claimants from adverts, criteria and agent instructions.
7. Keep an evidence trail. ORBIT holds the property timeline and certificate dates in one place, with automated alerts before certificates expire.

This guide is general information, not legal advice.