Renters’ Rights Act Offences — What Action Can Be Taken

If you’re a landlord in the private rental sector, the Renters’ Rights Act 2025 has fundamentally changed what you’re required to do, and what happens if you fail to comply.

The Act clearly defines landlord obligations and backs them with real enforcement powers. Local authorities have a statutory duty to investigate alleged breaches and can impose civil penalties ranging from £7,000 for initial or less serious breaches, or up to£40,000 for serious, continued or repeat offences. Alternatively, they may refer matters for criminal prosecution, which carries an unlimited fine.

This article covers the key offences under the Renters’ Rights Act, how enforcement works, the financial penalties you may face as a landlord if you fail to comply, and the steps you can take to reduce your exposure.

We act for landlords across England and Wales, providing specialist advice on tenancy compliance, enforcement action, and property disputes. If you’re unsure how the new legislation affects your properties, contact us for a no-cost, no-obligation initial conversation with our specialist litigation solicitors. Our property litigation team have decades of experience working in a wide range of matters similar to yours, and we are happy to help.

What Is Changing Under the Renters’ Rights Act 2025? 

The Renters’ Rights Act represents the most significant reform of private renting in England since the Housing Act 1988.

The Renters’ Rights Act 2025 (the “RRA”) abolishes assured shorthold tenancies and replaces them with assured periodic tenancies with no end date, getting rid of ‘no-fault’ evictions under Section 21, and limits rent increases to just once in any twelve-month period.

The Act also creates a private rented sector (PRS) database and a Private Landlord Ombudsman service, to be rolled out in phases from 2027 onwards. The government expects the new Ombudsman service to be ready in 2028.

Landlord obligations are sharply defined, and the RRAgives local authorities statutory powers to investigate and impose penalties for non-compliance.

What Counts as an Offence Under the Renters’ Rights Act? 

Section 13 of the Renters’ Rights Act inserts a new Section 16E into the Housing Act 1988, introducing multiple new duties for landlords and “relevant persons” including letting agents and others acting on a landlord’s behalf.

Breaching these legal obligations is an offence and empowers local authorities to impose financial penalties for breaches. 

Breaches That Can Lead to Civil Penalties

The RRAcontains a detailed list of landlord obligations; failure to comply can lead to civil penalties.

Key offences which may lead to enforcement action include:

• Attempting to let a dwelling for a fixed term (contrary to the new Section 4A of the Housing Act 1988).
• Trying to end a tenancy by serving an eviction notice outside the prescribed process contained in Section 8 of the Housing Act 1988.
• Using a Section 8 Ground without within a Section 8 notice without reasonable belief that the ground is valid, or re-letting a property before expiry of any applicable restriction period, can also lead to local authority action.
• Failing to provide tenants with the required written information about the terms of their tenancy.

Once the PRS database and Ombudsman service are operational, local authorities will be able to take enforcement action for breaches of obligations in connection with either the database or the Ombudsman. The new database is a mandatory national register of all landlords and rental properties in England.

Local authorities can take enforcement action for breaches of obligations in connection with either the database or the ombudsman.

A local council can also impose civil penalties before a tenancy even begins. Failing to state the proposed rent in a written advertisement, or inviting or encouraging bids above the stated rent (known as “rental bidding”), are offences that can lead to enforcement action.   Discrimination against prospective tenants because they have children or receive benefits is also an offence under the RRA.

More Serious Offences That Can Trigger Prosecution or Larger Penalties

Evicting tenants without following the correct legal process or without a valid legal ground to do so under Section 8 constitutes a serious breach. Serious breaches incur a larger civil penalty of up to £40,000 or criminal prosecution which carries an unlimited fine.

Discrimination based on gender, race, religion, ethnicity, or marital status is also classified as a serious breach.

Knowingly or recklessly submitting misleading or false information to the PRS database is a specific offence for which a local authority can impose a fine of £40,000. 

Repeated or continuing breaches that were originally minor can also attract larger penalties or criminal prosecution.

Can Letting Agents Also Be Liable?

Letting agents are ‘relevant persons’ defined in the RRA. Where letting agents and other “relevant persons”are acting on behalf of a landlord, they have the same obligations imposed on them and can be held liable for breaching those requirements. 

Are All Breaches Treated the Same?

There are different types of breach based on the specific duty imposed by the RRA. Some breaches are classified as minor while others are more serious. Some minor breaches can attract more severe penalties if they’re repeated or ongoing. 

Breaches also differ according to the level of proof the offence requires. For financial penalties imposed under Section 16I in respect of breaches of the landlord duties in Sections 16D and 16E of the Housing Act 1988, the local housing authority must be satisfied “beyond reasonable doubt” that the breach occurred. The same standard is used in criminal proceedings. Following amendments during the Act’s passage through Parliament, the criminal standard of proof also applies to financial penalties for breaches of the rental discrimination and rental bidding requirements.

If there’s even the smallest doubt, then a breach is not proven, and enforcement action can’t proceed. You can legitimately challenge an enforcement action on this basis.

Other breaches have a lower bar, which means the council only needs to be satisfied based on the ‘balance of probabilities’; that means it’s more likely than not that you’ve committed an offence. This is the same standard as the civil courts.

What Enforcement Powers Do Local Authorities Have? 

Investigating Suspected Breaches

The RRA significantly increases powers for local authorities to investigate landlord breaches. The local authorities have a statutory duty to enforce the law under Section 107 of the Renters’ Rights Act 2025.

If there’s sufficient evidence of a breach following investigation and before imposing a civil penalty, the local authority must issue a landlord with a notice of intent. 

This notice must include the reasons for the proposed penalty, the fine amount, and contain information about the landlord’s right to make representations within 28 days of the notice. The RRA’sSchedule 5 sets out the procedural framework for the notice of intent, representations, final notice, and appeal process

If after the notice period ends, the local authority still wishes to pursue enforcement action, they must issue a final notice with the amount of the fine, the reasons for it, how and when to pay it, and your right to appeal.

Landlords can lodge an appeal within 28 days of the date of the final notice to the First-tier Tribunal. Landlords can choose to appoint a legal representative, but must notify the tribunal and the local authority.

FinancialPenalties and Enforcement Notices

Local authorities can impose civil penalties with fines ranging from £7,000 to £40,000 depending on whether it’s a first or subsequent breach. These penalties apply to landlords as well as letting agents acting on their behalf.

When Prosecution May Happen Instead of a Financial Penalty

As an alternative to a civil penalty, you can face criminal prosecution, which carries an unlimited fine. Criminal prosecution is likely to be reserved for serious offences or repeated offences/breaches.

How Enforcement Decisions Are Made

Statutory guidance under the RRAsets out rules that local authorities must consider when deciding on their civil penalty policies. Enforcement decisions are based on the type of breach,whether this is a first or repeated offence,the level of culpability and knowledge, and the harm caused.

Local authorities must impose higher penalties for more serious offences. 

The statutory guidance provides a starting point, with adjustments upwards or downwards depending on the specific circumstances of the breach.

Enforcement must result in a fair penalty and meet the objectives of ‘punishment, deterrence and removal of financial benefit’.Where more than one financial penalty is imposed, the total amount must be ‘just and proportionate’.

Certain breaches may give rise to multiple penalties, and some breaches constitute a specific offence with defined enforcement. Local authorities also have the option of pursuing a criminal prosecution in which the financial penalties are unlimited. 

There is no formal hearing for civil enforcement action. However, a landlord will be able to make written representations challenging the proposed penalty, and can appeal any final notice to the First-tier Tribunal.

However, if a landlord’s appeal is unsuccessful or the landlord just ignores a penalty and doesn’t pay it, then the financial penalty becomes a debt for which the local authority can issue formal proceedings in court to seek recovery.

Formal proceedings will potentially add other charges (like the local authority’s legal costs or court fees)and interest to the amount you owe.

Not every appeal succeeds. The strength of your position will depend on the specific grounds and the evidence available. Taking early specialist advice gives you the clearest picture of your realistic options before committing to a challenge.

Civil enforcement without a hearing is quicker and easier for local authorities and is likely to be their preferred route rather than going to court.

What Financial Penalties Can Landlords Face?

Penalties of up to £7,000

For a first offence or a minor non-compliance, landlords can face a fine of up to £7,000. Offences include adding an end date to the tenancy, trying to end a tenancy verbally, or failing to provide a tenant with a written statement of terms.

Penalties of up to £40,000 

Severe breaches and repeated or continuing breaches can incur a fine of up to £40,000.

Possible breaches include re-letting a property within the twelve month no re-let period, using a Section 8 ground in the full knowledge that a court wouldn’t order possession, or committing another breach within five years of a previous offence.

Can Tenants Claim Compensation as Well?

Tenants can apply for a Rent Repayment Order (RRO) and claim up to two years’ worth of rent from their landlord during the period of a breach. 

The RRA allows tenants to apply for an RRO for a broader range of offences as well as increasing the maximum amount of rent claimable from one year to two, the previous limit under the Housing and Planning Act 2016.

How Can Landlords Reduce the Risk of Enforcement Action? 

Keep Tenancy Agreements and Processes Updated

The rules around tenancies have changed radically.

Fixed-term assured tenancies have been abolished, and all existing assured shorthold tenancies converted to assured periodic tenancies on 1 May 2026, with no end date.  

Landlords do not need to change or re-issue existing written tenancy agreements. However, landlords were required to provide tenants with a government information sheet explaining the new tenancy rules by 31 May 2026. For new tenancies starting on or after 1 May 2026, landlords must provide tenants with written information about the key terms of the tenancy. 

It is prudent to review your tenancy documentation and update or implement new processes to ensure ongoing compliance, supported by thorough record-keeping.

Use Possession Grounds Carefully

Section 21 ‘no-fault’ evictions no longer exist and possession can only be sought under the specific grounds set out in the revised Section 8 of the Housing Act 1988. Landlords must be prepared to evidence any ground they are relying on.

Maintain Clear Compliance Records

A local authority has a statutory duty to investigate any potential breaches under the Act. 

Keeping clear, documented evidence makes it easier to demonstrate your compliance with different aspects of the legislation. Implementing a structural framework ensures you won’t miss vital deadlines. 

Seek Specialist Legal Advice Early

Knowing which breaches may lead to penalties will help you stay on the right side of the law as will maintaining a good relationship and dialogue with your tenants. 

However, there are so many changes under the new legislation, it can be hard to stay ahead and there are still some elements yet to be rolled out. 

It’s worth taking time to have a health check of your property portfolio with a specialist legal adviser to stave off any obvious potential breaches and stay up-to-date with the latest information about the Act and any updates.

If you do find yourself on the receiving end of enforcement action, specialist representation can help you challenge the investigation’s findings and protect your position, minimising any penalty.

Depending on the nature of your dispute, funding options including a Conditional Fee Arrangement (No Win No Fee) or Damages-Based Agreement may be available. Subject to case assessment and our funding criteria. Available on qualifying disputes typically valued over £10,000 with strong prospects of success.

What Should Tenants Do If They Believe a Landlord Has Broken the Rules? 

Tenants should gather evidence of a breach; this may be records of communications or correspondence with their landlord, photos, or videos. In the first instance, tenants should write to their landlord outlining the problem and request that the breach stops.

If the landlord ignores their tenant’s request, the tenants should raise their concerns with the local council and ask them to take enforcement action. Local authorities have a statutory duty to investigate and take enforcement action where a breach is proven.

Frequently Asked Questions

What Is the Penalty for Breaking the Renters’ Rights Act? 

Penalties include fines ranging from £7,000 to £40,000. The level of the fine depends on the seriousness of the breach, the specific obligation in the legislation, and whether this is a first or repeated offence. Local authorities can also opt for criminal prosecution as an alternative to civil enforcement; the financial penalties for this are unlimited.

Can Tenants Report Landlords for Breaches of the Renters’ Rights Act? 

Tenants can report their landlords for breaches of the new Act. Tenants need documented evidence to support any allegations, which may include communications, photos, or film. Tenants should first report their landlord to the local council’s housing department. Local authorities have a statutory duty to investigate and take enforcement action if the breach is proven.

Are Letting Agents Responsible for Renters’ Rights Act Breaches? 

The Renters’ Rights Act extends the duties of landlords to include people, like letting agents, who are acting on their behalf — these are defined as ‘relevant persons’. So, if you’ve handed over the management of your portfolio to an agency that doesn’t adhere to the responsibilities and duties required by law, they can be held liable.

Need Advice? Contact Helix Law.

The Renters’ Rights Act has introduced a completely new landscape for landlords in the private rental sector. Legal obligations are defined and linked to different levels of enforcement action and local authorities have a statutory duty to investigate.

Renters’ Rights Act offences incur different levels of civil penalties with no hearing, although you can submit written representations or appeal a decision to the First-tier Tribunal.

We are a team of specialist litigation solicitors providing practical and strategic guidance on property portfolios. We can undertake a root and branch review of your letting arrangements, highlighting problem areas and helping you to create legally compliant and practical processes that protect your interests.

We offer cost-effective solutions tailored to suit your situation, clearly defining how we can help, whether that’s reviewing your portfolio for compliance, representing you in an enforcement action for an alleged breach, or handling disputes with tenants.

If you’re unsure how the new legislation will affect your properties or are worried about Renters’ Rights Act offences and how to protect yourself, contact us today for a no-cost, no-obligation initial conversation. Our property litigation team act nationally, and would love to help you.