## Councils accused of imposing double fines for landlord licensing breaches

Landlords across the UK could be subject to fines twice for the same offence under current council enforcement practices, according to Phil Turtle, a licensing expert at Landlord Licensing & Defence. Mr Turtle warns that councils are creating two separate routes to prosecution or financial penalty by duplicating statutory obligations within licence conditions, particularly relating to selective, additional, or HMO licensing schemes.

This practice, described as “double jeopardy enforcement against landlords,” means landlords may be penalised both under existing legislation and again for breaching the same requirements as licence conditions. Mr Turtle has urged councils to revise licence wording to prevent this duplication and the resulting unfair financial penalties.

## Duplication of legal duties across multiple regulations

Landlord Licensing & Defence has represented hundreds of landlords where councils have incorporated existing statutory duties into licence conditions, effectively restating primary legislation. This duplication commonly involves various legislative areas such as the HMO Management Regulations 3 to 9, Electrical Installation Condition Report (EICR) rules, and Energy Performance Certificate (EPC) requirements.

Mr Turtle explains: “Every day we represent against licences where the local housing authority has regurgitated tens of different pieces of primary legislation as licence conditions. These are all pieces of existing legislation passed by the government and each with their own specific enforcement regime specified by the government.”

## Enforcement officers creating new criminal offences through licence conditions

The concern is that councils are restating existing legal duties as enforceable licence conditions, which creates new criminal offences with potentially unlimited fines. Mr Turtle highlights that breaches of licence conditions are strict-liability offences and can result in court fines or civil penalties of up to £30,000 per condition breached.

He states: “Councils are double-dipping and legally untrained enforcement officers are creating dozens of new criminal offences so that not only can they prosecute landlords under the regime envisaged and set by the government, but they also get a second go by re-stating the existing law as a licence condition.”

On average, fines of around £12,000 per breached condition are being imposed, which Mr Turtle suggests creates a financial incentive for councils to include numerous conditions that can be breached, thereby increasing opportunities to issue civil penalties and bolster council revenue.

## Ethical concerns over double penalties

While double jeopardy is not illegal, Mr Turtle describes the practice as “immoral and not acceptable.” He criticises councils for allowing junior enforcement officers without legal training to create “new ‘landlord crimes’” and impose substantial fines twice for the same issue.

He argues: “It is wrong to be able to fine landlords twice, once under the proper primary legislation and again as a breach of licence condition. Even if councils agree to only use one mechanism, it should be the one the government intended and not the ‘easier to get’ one of licence condition breach.”

## Calls for councils to amend licence wording and stop double enforcement

Landlord Licensing & Defence has successfully persuaded some councils to revise licence wording to clarify that enforcement should be under primary legislation rather than licence conditions where those conditions merely restate existing law. The recommended clause states: “Where there is a lack of compliance, and a condition is a reminder of primary legislation or regulation, enforcement will be under the Primary Legislation and not as a breach of this licence.”

Mr Turtle says this restores enforcement to the government’s intended route. However, many councils continue to refuse to amend their licences. He calls on all councils to “stop this immoral activity immediately, end their ability to ‘double dip,’ and be honest by implementing the clause we recommend.”

## Context: councils’ revenue from licensing schemes

Previous reports by Property118 have highlighted that councils charge landlords hundreds of pounds for selective licensing schemes, despite government guidance that councils should not profit from licensing. This ongoing issue adds to landlords’ concerns about fairness and transparency in enforcement.

## What this means for landlords

UK landlords should be aware that breaches of licence conditions may lead to multiple fines for the same offence if councils duplicate statutory obligations within licence conditions. It is advisable to review licence conditions carefully and seek expert advice if facing enforcement action to ensure penalties are not unfairly duplicated.

Suggested internal link anchors
– landlord licensing fines
– selective licensing schemes
– HMO licensing requirements
– civil penalties for landlords
– HMO Management Regulations
– Electrical Installation Condition Report (EICR) rules
– Energy Performance Certificate (EPC) requirements
– landlord enforcement actions
– council licensing enforcement
– landlord legal rights

TLA update

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