Information, not legal advice. A notice of intent gives you 28 days to make written representations; do not miss it.
£40,000
maximum civil penalty for Housing Act 2004 offences from 1 May 2026 (was £30,000)
£7,000
median penalty in the council's notice, licensing offences appealed to the tribunal
£5,827
median after the tribunal, where the penalty was not cancelled
Selective licensing fines and HMO licence penalties
The main licensing offences are:
- controlling or managing an HMO that needs a licence but is not licensed (Housing Act 2004, s.72(1));
- controlling or managing a house in a selective licensing area that needs a licence but is not licensed (s.95(1));
- letting more people occupy an HMO than the licence allows (s.72(2));
- breaching a licence condition (s.72(3) and s.95(2));
- breaching the HMO management regulations (s.234).
For each, the council can prosecute (unlimited fine and a criminal record) or impose a civil penalty under section 249A. It cannot do both for the same conduct. A tenant or the council can separately seek a rent repayment order.
How a civil penalty works
- Notice of intent. Usually within 6 months of the council having enough evidence. It sets out the amount and reasons.
- Representations. You have 28 days to write to the council. Send evidence on the offence, your conduct, your finances and anything that reduces culpability.
- Final notice. The council decides whether to impose the penalty and how much.
- Appeal. You can appeal to the First-tier Tribunal within 28 days of the final notice. The penalty is suspended until the appeal ends.
Each council publishes its own civil penalty policy, usually a matrix of culpability and harm. Find it on the council's website before you respond.
What happens at the tribunal: 457 appeal decisions
| All civil penalty appeals | Licensing offences |
|---|
| Decided (confirmed, varied or cancelled) | 457 | 241 |
|---|
| Confirmed in full | 36% | 37% |
|---|
| Varied (usually reduced) | 51% | 53% |
|---|
| Cancelled | 13% | 10% |
|---|
| Median penalty in council notice | £7,500 | £7,000 |
|---|
| Median after tribunal (not cancelled) | £7,000 | £5,827 |
|---|
Appeals dated 9 Feb 2018 to 11 Sept 2026. Most penalties are paid without appeal, so these figures describe appealed cases only. "Licensing offences" means the decision mentions an unlicensed HMO or selective licensing offence.
Councils with the most civil penalty appeals
Amounts are extracted automatically from decision text and can be wrong. Open the decision for full reasons.
The rogue landlord database
The national database of rogue landlords and property agents (Housing and Planning Act 2016, Part 2 Chapter 3) is run for councils. A council must add a person given a banning order and may add a person convicted of a banning order offence, or given two or more civil penalties for banning order offences within 12 months. The database is not public. The Renters' Rights Act 2025 also creates a new Private Rented Sector Database that every landlord must join; see register your rental property.
If you have received a notice of intent
- If the property still needs a licence, apply now: see unlicensed property: what to do.
- Read the council's civil penalty policy and check how it scored culpability and harm.
- Send representations within 28 days with evidence of your finances and anything that reduces culpability.
- Consider advice from a solicitor. We do not act in tribunal cases; the form below can refer you to an SRA-regulated firm, and we may receive a referral fee (how we make money).
See your council's record from the selective licensing table, or run a postcode check.
Civil penalty and rogue landlord database questions
What is the rogue landlord database?
The database of rogue landlords and property agents was set up under the Housing and Planning Act 2016. Councils must add a landlord or agent who receives a banning order, and may add one convicted of a banning order offence or given two or more civil penalties for banning order offences within 12 months. It is not public: only councils and central government can see it.
Can I search the rogue landlord database?
No. The national database is not open to landlords or tenants. In London, the Mayor of London publishes a separate public "rogue landlord and agent checker" listing some prosecutions and penalties from participating boroughs.
What is the fine for not having an HMO licence?
On prosecution the fine is unlimited. Instead of prosecuting, the council can impose a civil penalty. GOV.UK guidance says the maximum civil penalty for Housing Act 2004 offences, including licensing offences, rises from £30,000 to £40,000 from 1 May 2026. A rent repayment order can be made on top.
What are selective licensing fines?
The same as for HMOs: letting an unlicensed house in a selective licensing area is an offence under section 95 of the Housing Act 2004, with an unlimited fine on conviction or a civil penalty up to the statutory maximum. Breaching a licence condition is a separate offence.
Can I appeal a civil penalty?
Yes. After the final notice you can appeal to the First-tier Tribunal (Property Chamber) within 28 days. The appeal is a rehearing: the tribunal can confirm, vary or cancel the penalty. In the 457 appeal decisions we analysed, 36% were confirmed, 51% varied and 13% cancelled.
Sources
Last checked 28 Sep 2026. Information, not legal advice. Licensing schemes change often; always confirm with the council before you act.