Council plans tougher fines for landlords housing vulnerable tenants

A council has been accused of setting a “worrying precedent” over plans to propose large fines for rule-breaking landlords housing vulnerable tenants, a story in The Telegraph claims.

Bristol City Council has proposed in a consultation that landlords who breach safety standards when housing vulnerable tenants would face a 20% premium added to the financial penalty, meaning landlords would be forced to pay £14,400.

Bristol City Council told Property118 it wants to hear from landlords and agents as part of the consultation and is encouraging them to make their voices heard.

The news comes after the Green-controlled council consultation is also asking renters to help decide how much it will fine landlords who breach rules under the Renters’ Rights Act.

Endless escalation of fines

According to The Telegraph, the council claims the definition of a vulnerable tenant will be non-exhaustive and will include young adults and children, people with drug or alcohol addictions, those whose first language is not English, asylum seekers, and people on a low income.

The council also plans to fine landlords an additional 10% if they charge rent above the level set by the Local Housing Allowance (LHA).

The Telegraph reports that under the council’s plans, a landlord who failed to fix a roof causing damp and mould by a specified deadline would face a £13,000 penalty. However, if they charged tenants above LHA rates, they would be required to pay £14,300.

However, industry experts have warned the council’s plans could create chaos for landlords and cause a lack of supply.

Paul Shamplina, founder of Landlord Action, told The Telegraph: “Landlords must comply with safety and licensing laws, but the penalty premium would create an endless escalation of fines.

“Measures like this could further reduce the supply of landlords willing to accommodate vulnerable tenants, particularly in cities such as Bristol, where homelessness levels are already high and social housing is in short supply. It sets a worrying precedent.”

Criminalise landlords unnecessarily

Sean Hooker, of dispute adjudicator Property Redress, said fining landlords was not the answer.

He told The Telegraph: “If penalties are seen as excessive, we are likely to see more appeals, leading to delay and additional cost for enforcement bodies.

“The purpose of these powers is to raise standards and ensure compliance, not to criminalise landlords unnecessarily.

“In many cases, working with a landlord and encouraging investment to upgrade a property will deliver a better outcome for tenants than simply imposing the maximum fine.”

Under the Renters’ Rights Act, councils now have the power to carry out surprise inspections, including entering premises where tenancy records are kept with or without a warrant.

Councils can also compel landlords, letting agents, and third parties (e.g., prop tech companies, banks, accountants, contractors) to provide documents and information related to housing compliance.

Councils will also be able to issue fines of up to £40,000, and the government has released new civil penalty tables. These include a £12,000 fine for operating a property in a selective licensing area without the correct licence.

Carefully reviewing all resident feedback

When contacted by Property118, Bristol City Council said the consultation policy is based on national guidance, and that other local authorities across England will be adopting their own policies to enable them to use these powers.

It said that if a civil penalty is served, the landlord has the right to make representations. If a final penalty is issued following consideration of those representations, the landlord also has the right to appeal the decision to the First-tier Tribunal.

Councillor Barry Parsons, chair of the homes and housing delivery committee, said: “We are currently consulting on a broad set of proposals to help shape our new civil penalty policy for private housing related offences and breaches. These proposals take into account the statutory guidance set by central government that all councils must follow.

“Once the consultation closes, we will carefully review all resident feedback to inform our next steps. We want to hear from a range of voices on this issue, and so we encourage all to take part in the consultation and share their views on the full set of proposals, in particular Landlords Agents and Renters’ and the groups that represent them.”