Propertymark has backed plans for clearer sentencing guidelines for housing offences, but warned that landlords and agents should not be hit by overlapping punishments that turn enforcement into a pile-on. The trade body says courts need a more consistent framework, while lower-level breaches should still leave room for education and remedial action.
New guidance would sharpen the risk around housing offences
At present, courts rely on general sentencing principles when dealing with offences such as unlawful eviction, harassment, HMO breaches and housing standards failures. Propertymark says the Sentencing Council’s proposals would create clearer starting points based on harm to tenants, the offender’s level of culpability and factors such as repeat behaviour or attempts to hide breaches. In its response to the consultation, Propertymark backed a more structured approach that separates serious misconduct from weaker management or compliance failures.
For landlords, that matters because the direction of travel is toward tighter enforcement rather than looser discretion. A missing HMO licence, poor record keeping or failure to deal with hazards may already bring civil penalties or rent repayment risks. If criminal cases are then sentenced under a more detailed framework, the cost of getting compliance wrong could become more predictable, but also harder to shrug off.
Concern grows over overlap with civil penalties and repayment orders
Propertymark’s central warning is that sentencing must stay proportionate when councils and tribunals already have several tools available, including civil penalties, banning orders and rent repayment orders. That is a live issue for landlords because enforcement is already becoming more aggressive in many areas. Landlord Knowledge recently reported on Calderdale’s move toward £30,000 penalties and on Greenwich targeting 120 properties in an HMO crackdown. The latest consultation suggests the legal backdrop is catching up with that tougher local stance.
This follows Landlord Knowledge’s report on £41 million in extra council enforcement funding, which showed why the pressure is unlikely to ease. More money for enforcement teams, combined with clearer sentencing rules, would make it easier for councils to pursue cases and for courts to land heavier outcomes where landlords ignore licensing, safety or harassment rules.
The practical point for landlords is that mitigation will matter more if the guidance is adopted. Propertymark wants courts to recognise prompt repairs, training and genuine efforts to fix problems. That means a landlord who can show inspection records, contractor invoices, correspondence and evidence of remedial action will be in a far stronger position than one who turns up with excuses and no paper trail.
What this means for landlords
- If you run HMOs: review licence status, hazard records and management arrangements before councils tighten their case-building.
- Watch for: whether final sentencing guidance changes how councils use civil penalties alongside prosecutions and rent repayment orders.
- Bottom line: good records and fast remedial action may become one of the few useful buffers once an offence reaches court.
Editor’s view
Landlords should not confuse calls for fairness with softer enforcement. The likely outcome is not leniency, but a cleaner route to punishing serious non-compliance. That makes basic management discipline more valuable, not less.
Author: Editorial Team – UK landlord & buy-to-let news, policy, and finance
Published: 17 April 2026
Sources: Propertymark
Related reading: Councils get £41m ahead of tougher landlord enforcement
