Private Sector Housing Civil Financial Penalty Policy

Maximum Court fine following prosecution that can be levied for failure to comply with a licence condition - unlimited

All granted HMO licences impose a set of conditions on the licence holder. These conditions impose a variety of obligations relating to the letting, management and condition of the rented property.

It is important that the manager of a licensed property complies with all imposed conditions, but the Council recognises that a failure to comply with certain licence conditions is likely to have a much bigger impact on the safety and comfort of residents than others.

Failure to comply with licence conditions related to;

• signage or the provision of information for tenants
• provision of written terms of occupancy for tenants
• procedures regarding complaints
• procedures regarding vetting of incoming tenants
• compliance with deposit protection legislation
• the recording and provision of information regarding rent payments
• procedures relating to rent collection
• the provision of information regarding occupancy of the property
• the provision of information regarding change of managers or licence holder details
• the provision of information related to changes in the property
• requirements relating to the sale of the property
• attending training courses
• requirements to hold insurance
• the provision of insurance documentation

The Council would view the seriousness of the offence of failing to comply with licence conditions relating to the bullet points directly above as a Mild matter, attracting a financial penalty with a starting level of £2500.

Under the Council's policy the civil penalty for a landlord controlling, owning or managing one or two dwellings, including no more than one HMO, with no other relevant factors or aggravating features [see below], will reduce by £2000, attracting a civil penalty of £500.

Under the Council's policy, the civil penalty for a landlord controlling, owning or managing a significant property portfolio, being three, four, or five dwellings, and/or two HMOs, with no other relevant factors or aggravating features [see below], will attract a civil penalty of £2500.

Under the Council's policy, the civil penalty for a landlord controlling, owning or managing a large property portfolio, being six or more dwellings, and/or three or more HMOs and, or has demonstrated experience in the letting or management of property (irrespective of the size of the portfolio), with no other relevant factors or aggravating factors [see below], will increase by £2000, attracting a civil penalty of £4500.

Aggravating features or factors specific to Licence Condition breach offences;

• The number and, or nature and, or extent of the licence condition regulation breach(es) and, or the deficiencies within each licence condition breach

Generic aggravating features or factors;

• As set out under 'Failure to comply with an Improvement Notice' above

Failure to comply with licence conditions related to;

• Procedures and actions regarding Inspections
• Procedures regarding Repair issues
• Maintenance and use of common parts (including gardens, outbuildings and property exterior) and living areas
• Safeguarding occupiers and minimising disruption during works
• Providing information regarding alterations and construction works,
• Procedures regarding emergency issues
• Waste and waste receptacles, pests, minor repairs, alterations or decoration.
• Giving written notice prior to entry
• Allowing access for inspections
• Minimising risk of water contamination
• The compliance of furnishings or furniture with fire safety regulations

The Council would view the seriousness of the offence of failing to comply with licence conditions relating to the bullet points directly above as a Moderate matter, attracting a financial penalty with a starting level of £7500.

Under the Council's policy the civil penalty for a landlord controlling, owning or managing one or two dwellings, including no more than one HMO, with no other relevant factors or aggravating features [see below], will reduce by £5000, attracting a civil penalty of £2500.

Under the Council's policy, the civil penalty for a landlord controlling, owning or managing a significant property portfolio, being three, four, or five dwellings, and/or two HMOs, with no other relevant factors or aggravating features [see below], will attract a civil penalty of £7500.

Under the Council's policy, the civil penalty for a landlord controlling, owning or managing a large property portfolio, being six or more dwellings, and/or three or more HMOs and/or has demonstrated experience in the letting or management of property (irrespective of the size of the portfolio), with no other relevant factors or aggravating factors [see below], will increase by £5000, attracting a civil penalty of £12500.

Aggravating features/factors specific to Licence Condition breach offences;

• The number and, or nature and, or extent of the licence condition regulation breach(es) and, or the deficiencies within each licence condition breach

Generic aggravating features or factors;

• As set out under 'Failure to comply with an Improvement Notice' above

Failure to comply with licence conditions related to;

• The provision of documentation regarding energy performance certificates, fire detection and prevention, emergency lighting, carbon monoxide detection, fire risk assessments, gas installations, electric installations and appliances
• Notification of legal proceedings, contraventions and other relevant information that may affect a fit and proper person status
• Procedures and actions regarding ASB

The Council would view the seriousness of the offence of failing to comply with licence conditions relating to the bullet points directly above as a Serious matter, attracting a financial penalty with a starting level of £12500.

Under the Council's policy the civil penalty for a landlord controlling, owning or managing one or two dwellings, including no more than one HMO, with no other relevant factors or aggravating features [see below], will reduce by £5000, attracting a civil penalty of £7500.

Under the Council's policy, the civil penalty for a landlord controlling, owning or managing a significant property portfolio, being three, four, or five dwellings, and/or two HMOs, with no other relevant factors or aggravating features [see below], will attract a civil penalty of £12500.

Under the Council's policy, the civil penalty for a landlord controlling, owning or managing a large property portfolio, being six or more dwellings, and/or three or more HMOs and, or has demonstrated experience in the letting or management of property (irrespective of the size of the portfolio), with no other relevant factors or aggravating factors [see below], will increase by £5000, attracting a civil penalty of £17500.

Aggravating features or factors specific to Licence Condition breach offences;

• The number and, or nature and, or extent of the licence condition regulation breach(es) and, or the deficiencies within each licence condition breach

Generic aggravating features or factors;

• as set out under 'Failure to comply with an Improvement Notice' above

Failure to comply with licence conditions related to;

• Minimum floor areas
• Occupancy rates
• Occupancy of rooms that are not to be used as sleeping accommodation
• Limits on number of households allowed to occupy the property or part of the property.

The Council would view the seriousness of the offence of failing to comply with licence conditions relating to the bullet points directly above as a Very Serious matter, attracting a financial penalty with a starting level of £17500.

Under the Council's policy the civil penalty for a landlord controlling, owning or managing one or two dwellings, including no more than one HMO, with no other relevant factors or aggravating features [see below], will reduce by £5000, attracting a civil penalty of £12500.

Under the Council's policy, the civil penalty for a landlord controlling, owning or managing a significant property portfolio, being three, four, or five dwellings, and/or two HMOs, with no other relevant factors or aggravating features [see below], will attract a civil penalty of £17500.

Under the Council's policy, the civil penalty for a landlord controlling, owning or managing a large property portfolio, being six or more dwellings, and, or three or more HMOs and, or has demonstrated experience in the letting or management of property (irrespective of the size of the portfolio), with no other relevant factors or aggravating factors [see below], will increase by £5000, attracting a civil penalty of £22500.

Aggravating features or factors specific to Licence Condition breach offences

• The number and, or nature and, or extent of the licence condition regulation breach(es) and, or the deficiencies within each licence condition breach

Generic aggravating features or factors

• As set out under 'Failure to comply with an Improvement Notice' above

Failure to comply with licence conditions related to:

• The condition or existence of smoke alarms, carbon monoxide alarms, emergency lighting, gas installations, electric installations and appliances, fire detection or other fire safety features or requirements

• The prevention including provision of safe means of escape

The Council would view the seriousness of the offence of failing to comply with licence conditions relating to the bullet points directly above as a Severe matter, attracting a financial penalty with a starting level of £22500.

Under the Council's policy the civil penalty for a landlord controlling, owning or managing one or two dwellings, including no more than one HMO, with no other relevant factors or aggravating features [see below], will reduce by £5000, attracting a civil penalty of £17500.

Under the Council's policy, the civil penalty for a landlord controlling, owning or managing a significant property portfolio, being three, four, or five dwellings, and/or two HMOs, with no other relevant factors or aggravating features [see below], will attract a civil penalty of £22500.

Under the Council's policy, the civil penalty for a landlord controlling, owning or managing a large property portfolio, being six or more dwellings, and/or three or more HMOs and/or has demonstrated experience in the letting or management of property (irrespective of the size of the portfolio), with no other relevant factors or aggravating factors [see below], will increase by £5000, attracting a civil penalty of £27500.

Aggravating features or factors specific to Licence Condition breach offences

• The number and, or nature and, or extent of the licence condition regulation breach(es) and, or the deficiencies within each licence condition breach

Generic aggravating features or factors

• As set out under 'Failure to comply with an Improvement Notice' above