Council claims civil financial penalties harder to enforce on rogue landlords

A council admits it has only issued three civil financial penalties of up to £30,000 for unlicensed properties and no rent repayment orders.

Rotherham Metropolitan Borough Council claims civil financial penalties are difficult to enforce and recover.

The news comes after Bradford Council claimed financial penalties are not enough to tackle rogue landlords, as it issued its first-ever banning order.

Civil penalties harder to enforce and recover

In response to a written question from Councillor Simon Ball, who asked for the number of financial penalties, each of up to £30,000, that have been issued in Rotherham as an alternative to prosecution for unlicensed properties since selective licensing was first introduced in 2015.

Councillor Linda Beresford, cabinet member for housing, claimed council officers find civil penalties against rogue landlords hard to enforce.

She said: “I can advise that the council trialled their use in 2019, during the first period of selective licensing, when three civil penalties were issued.

“Due to the civil nature of these penalties, officers found that they are harder to enforce and recover, with one still being recovered and scheduled to be finally and fully recovered in mid-2026.”

Cllr Beresford also confirmed the council has not issued any rent repayment orders to date.

Variety of fines and sanctions

Cllr Ball also asked for details on the number of successful prosecutions by the council for unlicensed properties in Rotherham that have resulted in unlimited fines since selective licensing was first introduced in 2015.

Cllr Beresford said a variety of fines and sanctions have been issued.

She said: “I can advise that since 2015 the council has successfully prosecuted 49 cases for unlicensed properties under the Housing Act 2004, resulting in a range of fines being issued by the court. The sanctions ranged from a conditional discharge all the way up to a £13,300 fine.

“It’s worth noting that there were also 100 arrests over three years linked to cannabis production.”

Rotherham council is not the only council in England to view financial penalties as ineffective enforcement.

As previously reported by Property118, Bradford council says financial penalties “are not always effective in preventing further breaches” and issued a banning order against an owner with a large portfolio of HMOs.

Bradford council says the landlord has already been issued £40,000 in civil financial penalties, and further prosecution action is being prepared.

Acknowledge the increasing role of civil penalties

Sam Barstow, service director, community safety and street scene at Rotherham council, told Property118, whilst challenges do remain, they see civil penalties as a valuable tool and will make them more effective.

He said: “We acknowledge the strength of criminal prosecution, and this will continue to be the preferred approach where appropriate.

“However, we also acknowledge the increasing role of civil penalties, and are seeking to improve our use of them to make full use of powers under the Renters’ Rights Act.

“While challenges remain, we see civil penalties as a valuable tool for improving compliance, especially for first-time or less serious breaches.

“During the last Selective Licensing scheme, we have issued 2,574 formal enforcement notices, including 1,335 housing notices, 1,239 environmental notices covering issues such as anti-social behaviour, and 311 emergency prohibition notices.”

He adds: “In addition, 49 prosecution cases have been prepared with over half related to unlicensed properties, showing our commitment to tackling serious breaches. As part of this work, the council will continue to prosecute unlicensed landlords who fail to license properties in the designated licensing area, as well as landlords who operate substandard properties.

“By strengthening processes and recovery methods, we can make civil penalties more effective and use them alongside prosecutions and banning orders for persistent offenders. This approach will help protect tenants, raise standards and hold landlords accountable.”

Committed to improving standards in the PRS

Mr Barstow claims Rotherham’s selective licensing scheme will help landlords and tenants.

He adds: “We’re committed to improving standards in the private rented sector and supporting both tenants and landlords. From 15 February 2026, the new selective licensing scheme will introduce a range of measures designed to help landlords and maintain high standards.

“This includes training opportunities, enhanced tenancy support, regular updates on market issues, and a dedicated landlord licensing inbox for quick communication. We’ll also work closely with landlords through a stakeholder steering group and provide advice on managing anti-social behaviour, ensuring a fair and well-managed housing market.

“We are also supporting landlords, with those who previously benefitted from rebates in the 2020 to 2025 selective licensing scheme receiving an automatic 37% discount on maintenance charges for all properties, and a 5% discount for those who submit timely applications.”