We will impose a financial penalty charge on a landlord if we are satisfied on the balance of probabilities that:
- the landlord has failed to comply with the requirements of the regulations
- we have served the landlord with a remedial notice
- the landlord has failed to take the remedial action specified in the notice within the time period specified
- we have undertaken works in default of the landlord to comply with the requirements of the notice
The amount of the penalty charge cannot exceed £5,000. The penalty charge has been set at a level to increase compliance with the regulations and to ensure that it covers the costs related to the investigation and administration of the case, as well as the costs associated with undertaking formal action including any remedial action.
The charges have been set at a level proportionate to the rental income of the property. This is set at double the monthly local housing rate for the property (subject to the maximum of £5,000). The penalty charge will be reduced by half if it is paid within 14 days.
If a landlord does not agree with the penalty charge, they can ask us to undertake a review of the charge. The request for a review must be made in writing and if the penalty charge is confirmed following the review, an appeal exists to the First-tier Tribunal.
GOV.UK provides more advice for landlords and tenants about the regulations and their enforcement.