Council proposes 50% landlord fine uplift

Landlords in one local authority area could see locally set housing fines increased by up to 50% where the council finds aggravating factors such as previous non-compliance, a breach lasting more than six months or deliberate offending.

It is now consulting on a tougher Housing Services Enforcement & Financial Penalty Policy, drawn up after new duties and powers under the Renters’ Rights Act.

Proposed starting penalties include £20,000 for failing to carry out required electrical remedial work and £20,000 for serious breaches of HMO fire or amenity standards.

Bath and North East Somerset council says that fine could be boosted by up to 20% for landlord type, portfolio size, experience and status.

Council sets out powers

The cabinet member for housing, Councillor Matt McCabe, said: “Good housing is vital to safer communities, better health and a fairer private rented sector.

“Everyone deserves a safe home.”

He added: “Most landlords in Bath and North East Somerset act responsibly and provide good quality accommodation, and this policy will support them with clear guidance.

“The Renters’ Rights Act gives councils an important new role in protecting tenants and raising standards across the private rented sector.

“This updated policy explains how we will use those powers locally, ensuring enforcement is fair, transparent and proportionate.”

Penalty levels proposed

Failure to ensure electrical safety standards are met under Regulation 3(1) would have a proposed starting penalty of £12,000.

Failure to undertake required remedial action would start at £20,000, while failing to provide an electrical report on request would carry a £12,000 starting point.

For property licence conditions, failure to comply with HMO fire standards covering fire alarms, fire doors and emergency lighting would start at £20,000.

Over-occupation or insufficient amenities would also start at £20,000, with proposed penalties of £12,000 for failing to provide safety certificates and £3,000 for some other documentation failures.

Aggravating factors increase fines

However, the consultation proposes a 10% increase for aggravating factors, with the total uplift capped at 50% of the applicable starting penalty.

Those factors could include previous non-compliance, failure to cooperate with the council, deliberate or reckless breaches, false or misleading information, Category 1 hazards and actual harm to an occupant.

Mitigating factors could reduce a penalty by up to 50%, including remedial work completed within 28 days, cooperation, early admission of responsibility, self-reporting and a good history of compliance.

The 20% upward adjustment could apply to landlords with six or more properties, three or more HMOs, corporate landlords and those with evidence of high experience or professionalism.

A 20% reduction would be available only where all the council’s smaller and less-experienced landlord criteria are met.

The consultation runs until 23 September.