Civil Penalties and Rent Repayment Orders
Civil Penalties
Section 126 and Schedule 9 of the Housing and Planning Act 2016 gives the Council the power to impose a civil penalty as an alternative to prosecution where the landlord has committed one of the following offences:
- failure to comply with an Improvement Notice
- offences in relation to licensing of Houses in Multiple Occupation
- offences of contravention of an Overcrowding Notice
- failure to comply with management regulations in respect of Houses in Multiple occupation
The amount of the penalty imposed will depend on the breach, with the maximum amount being £30,000. More information can be found in the Civil Penalties Charging Policy 2017 (PDF 325kb)
Rent Repayment Orders
Rent repayment orders are a means by which a tenant or the Council can seek to have up to 12 months of rent repaid in addition to other enforcement action. Rent repayment orders can be applied for where a landlord has:
- failed to obtain a licence for a licensable house in multiple occupation
- failed to comply with an Improvement Notice
- failed to comply with a Prohibition Order
- breached a banning order
- used violence to secure entry to a property
- illegally evicted or harassed the occupiers
An order can be applied for when one of the above offences has been committed, whether or not the landlord has been convicted.
The Council can impose a civil penalty and apply for a rent repayment order for the following offences:
- failure to comply with an Improvement Notice
- offences in relation to licensing of HMOs
The Council can also prosecute a landlord and seek a rent repayment order for the same offence.
More information can be found in the Rent Repayment Order Policy 2017 (PDF 125kb)
