What Landlords and Property Professionals Need to Know: Consultation Launched – Housing Offences Sentencing Guidelines

The Sentencing Council has launched a public consultation on proposed new sentencing guidelines for those convicted of housing-related offences. Running until 9 April 2026, this consultation represents the first comprehensive attempt to standardise sentencing for offences that have long suffered from inconsistent penalties and uncertain prosecution outcomes.

Why These Guidelines Matter

For years, legal professionals, local authorities, and housing enforcement teams have raised concerns about the absence of clear sentencing guidelines for housing related offences. This has created two critical problems: inconsistent penalties and a reluctance among local authorities to pursue criminal prosecutions.

What Offences Are Covered

The proposed sentencing guidelines will potentially cover two main categories of housing offences:

• Unlawful Eviction and Harassment Offences

These offences can cause severe harm to victims, including permanent loss of homes and possessions. Current sentencing data shows remarkably low prosecution volumes despite evidence suggesting illegal eviction and harassment activities occur far more frequently than court statistics indicate. As well as victims possibly losing access to their possessions or their home entirely, the offending often involves violence and harassment.  Current costs for landlords to legally obtain possession can be significant but the proposed guidelines aim to ensure, as the Council’s General Guideline states, that it should not be cheaper to offend than to comply with the law.

• Houses in Multiple Occupation (HMO) and Housing Standards Offences

Proposed guidelines will cover offences related to HMOs and broader housing standard breaches. HMO licensing requires demonstrating that a property is appropriate for the specified number of tenants and that the applicant of the licence is fit and proper. Licence conditions, set by local authorities, may address anti-social behaviour prevention, suitable amenities, proper working order of facilities and equipment, and appropriate training for licence holders.

Additionally, licence conditions must include requirements from Schedule 4 to the 2004 Act, covering gas safety certificates, safe furniture and appliances, working smoke and carbon monoxide alarms, and properly functioning electrical installations.

The guidelines also address enforcement of housing standards more broadly. Local authorities have a duty to act on Category 1 hazards (serious hazards scoring 1,000 or more on the Housing Health and Safety Rating System) and discretion to act on Category 2 hazards. Enforcement may include improvement notices or prohibition orders, with failure to comply constituting an offence carrying an unlimited fine.

The Problem of Inconsistent Enforcement

The Sentencing Council suggests that sentencing guidelines may help local authorities determine when offences should receive civil penalties versus criminal prosecution, potentially leading to more confidence in pursuing criminal cases.

Criminal prosecution offers several advantages that civil penalties do not: convictions appear on a criminal record, authorities can serve banning orders under the Housing and Planning Act 2016, compensation can be awarded to victims, and local authorities can publicise the prosecution. These outcomes can serve both punitive and deterrent purposes that civil penalties may not achieve.

What Happens Next

The Sentencing Council is conducting a 12-week public consultation which is open until 9 April 2026. The consultation can be found here: https://sentencingcouncil.org.uk/publications/consultations/housing-offences-consultation

If you are part of a local authority, registered provider of social housing or private landlord, you are encouraged to respond.

Key Takeaways for Property Professionals

Landlords and property professionals should understand that these sentencing guidelines, if implemented, will establish clear benchmarks for criminal penalties in housing offence cases. This is a reminder of the seriousness of housing related offences and courts may impose more substantial penalties than has been typical.

For those operating HMOs or managing properties subject to licensing requirements, the guidelines underscore the importance of strict compliance with all licensing conditions and housing standards. The potential for criminal prosecution, rather than solely civil penalties, should inform risk management and compliance strategies.

Those with concerns about specific situations or seeking guidance on compliance matters should consider seeking professional legal advice.

For more information about housing law compliance or if you have concerns about potential housing offences, contact Melanie Saunders on melanie.saunders@primaslaw.co.uk or 0151 303 0196 for expert legal guidance tailored to your situation.