Why we carry out enforcement
Most of the homes our residents live in are either privately owned or rented from private landlords or registered providers, and we need to make sure this housing is in good condition and well managed. We have a responsibility to deal with housing that may be dangerous for the people living there and ensure that it is maintained to a minimum standard. To make sure these homes are safe we carry out enforcement against landlords who do not follow the rules.
How we take enforcement action
The type of enforcement we decide to take is always considered on a case by case basis and will vary according to the law. In some cases, the law tells us that we must take enforcement action such as serving legal notices and orders or charging a penalty fine. In other cases officers are able to help landlords and residents by providing information and advice.
Where we have previously provided information, or advised a landlord that their property does not meet a safe standard, and they continue to not follow our advice, our officers will escalate the case and take more serious enforcement action to protect those at risk. In the most serious cases possible action can include taking the landlord to court.
In all cases we will use enforcement to make sure:
In some cases, we have the power to enforce penalty charges on a landlord who has not followed the rules as an alternative to taking the landlord to court.
We are able to issue a penalty of up to £30,000 for the following offences:
failing to meet the terms of an improvement notice
failing to licence a house in multiple occupation (HMO)
failing to meet the terms of a HMO licence or HMO regulations
failing to meet the terms of an overcrowding notice
failing to meet the terms of a banning order
We are also able to issue a maximum fine of £5,000 for failing to meet the terms of smoke and carbon monoxide regulations. Link to carbon monoxide page
The actual amount we will charge in each case will be adjusted depending on certain circumstances such as:
the seriousness of the risk or actual harm to tenants
the previous history of the landlord
whether the landlord should have known or deliberately broke the law
Rogue landlord database
In April 2018 the government launched a national database of landlords who have been banned from renting out homes, or who have been convicted of certain offences that would harm their ability to be a landlord.
We will input the details of any landlord convicted or received a penalty for a housing related offence onto these databases.