More landlords face prison for eviction and harassment offences

Landlords are facing the prospect of stiffer sentencing when charged with the unlawful eviction and unlawful harassment of tenants.

The Sentencing Council has unveiled a public consultation that appears to suggest that not enough landlords are currently being imprisoned for the offences.

Council chair, Lady Justice May, said: “Housing offences such as unlawful eviction can have a devastating impact.

“There is currently limited guidance for courts on sentencing for these offences; consequently, a risk of inconsistency in how such offences are sentenced across the country.”

She added: “While the number of defendants sentenced for these offences is currently low, it is important that the courts approach sentencing with clarity and consistency.”

Consultation is open now

The consultation is open to anyone with an interest in criminal justice or the private rented sector, including landlords, tenants, local authorities, legal professionals and members of the public.

Responses will shape how individuals and organisations are sentenced for housing-related offences.

The draft package includes separate guidance for individuals and corporate bodies, covering nine unlawful eviction and harassment offences, plus HMO and housing standards breaches.

The consultation runs from 15 January and closes on 9 April 2026.

Action on criminal landlords

The move follows growing concern over weak enforcement against criminal landlords and follows research published last month by the University of York.

Researchers there found councils and police forces often struggle to take effective action against repeat offenders operating at the margins of the PRS.

A report concluded that while civil penalties can be swift, criminal prosecutions remain slow, under-resourced and frequently end in minimal sanctions.

In some cases, courts imposed fines as low as £100 for illegal eviction offences.

Fewer than 40 landlords have been subject to banning orders under the Housing and Planning Act 2016 during the past decade, researchers found.

Struggle with banning

The report also highlights that councils repeatedly identified landlords involved in hazardous housing, harassment or eviction, yet found it almost impossible to remove them permanently from the market.

The study also highlighted occasions where police inadvertently assisted unlawful evictions because of unclear procedures and limited coordination.

Dr Julie Rugg, from the University of York’s School for Business and Society, said: “The deterrent for these crimes are so weak that criminality, such as rent-to-rent scams, slum rentals, cannabis farms, and money laundering have become embedded in the rental system.

“Stronger and consistent collaboration between agencies can stop this cycle, but local authorities and the police lack resources to investigate and skills to prosecute.”