Financial penalties for landlord duties: HA 1988 s. 16I
Local housing authority can fine up to £7,000 for breaching landlord duties. Multiple penalties allowed only after 28 days. Joint liability applies.
A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt— that the person contravened section 16D or any paragraph of section 16E(1) other than paragraph (e), or that— the person contravened paragraph (e) of section 16E(1), and the tenant surrendered the tenancy within the period of four months beginning with the date of the contravention, without an order for possession of the dwelling-house being made. Where a landlord fulfils the requirement in section 16D, a local housing authority may not impose a financial penalty on a person who contravenes section 16D only by virtue of subsection (8) of that section. More than one penalty may be imposed on the same person in relation to a contravention of section 16D only if— the contravention continues after the end of 28 days beginning with the day after that on which the previous penalty for the contravention was imposed, unless the person appeals against the decision to impose the penalty within that period, or if the person appeals against that decision within that period, the contravention continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned. Subsection (3) does not enable a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal. Where a local housing authority has imposed a financial penalty on a person in relation to a contravention of paragraph (b) or (d) of section 16E(1), the local housing authority may not impose a financial penalty in relation to a contravention of the other of those two paragraphs arising from the same conduct. The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £7,000. Where— a local housing authority is satisfied as mentioned in subsection (1) in relation to two or more persons, and the contraventions in relation to which the local housing authority is so satisfied arise from the same conduct by one or more of the persons acting on behalf of the others, the local housing authority may impose a financial penalty under this section on the persons (or some of them) jointly, and if the local housing authority does so, the persons on whom the penalty is imposed are jointly and severally liable to pay it. No financial penalty may be imposed under this section in respect of any conduct if— the person has been convicted of an offence under section 16J in respect of the conduct, criminal proceedings under that section have been instituted against the person in respect of the conduct and the proceedings have not been concluded, criminal proceedings under that section in respect of the conduct have been concluded and the person has not been convicted of the offence, or a financial penalty has been imposed under section 16K in respect of that conduct. The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section. Local housing authorities must have regard to any guidance issued under subsection (9). For the purposes of this section and section 16J— a financial penalty is imposed under this section or section 16K on the date specified in the final notice as the date on which the notice is given, and “ final notice ” has the meaning given by paragraph 6 of Schedule 2ZA.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section lets a local housing authority impose a financial penalty (up to £7,000) on a landlord or contractor who is found beyond reasonable doubt to have broken certain duties under sections 16D or 16E(1) of the Housing Act 1988. For a breach of section 16E(1)(e) (requiring the tenant to surrender the tenancy without a possession order), the penalty can only be imposed if the tenant actually gave up the tenancy within four months of the contravention.
A penalty cannot be imposed if the landlord has already complied with the duty under section 16D (duty to give a written statement of terms) – in that case a breach “only by virtue of subsection (8)” of that section is exempt. Multiple penalties for the same continuing breach are allowed only if the breach continues more than 28 days after the previous penalty was imposed (or after any appeal is finally decided).
If two or more people are jointly responsible for the same conduct, the authority may impose a single penalty on them jointly, making them jointly and severally liable. No penalty can be imposed if the person has already been convicted of an offence under section 16J for the same conduct, or if criminal proceedings are ongoing or have concluded without conviction, or if a financial penalty has already been imposed under section 16K.
When it applies
- A landlord fails to give the tenant a written statement of the terms of an assured tenancy (breach of s.16D) and the housing authority fines them £7,000.
- A landlord removes the front door of a rented flat without a court order, forcing the tenant to leave (breach of s.16E(1)(b)), and the authority imposes a penalty.
- A landlord threatens the tenant with eviction to make them surrender the tenancy (breach of s.16E(1)(e)), the tenant moves out within four months, and the authority fines the landlord.
- Two landlords jointly own a property and both fail to provide a gas safety certificate; the authority imposes a single penalty on them jointly.
- A landlord continues to breach the duty to give a rent book after being fined once, and after 28 days the authority imposes a second penalty.
What this section does not say
- Does not cover criminal prosecution for illegal eviction (that is dealt with under section 16J of the same Act).
- Does not give the tenant the right to claim compensation or damages; it only authorises a penalty payable to the local housing authority.
- Does not apply to penalties under section 16K (alternative to prosecution) – that is a separate regime with different rules.
- Does not apply to social housing providers or tenancies outside England and Wales.
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This page reproduces the text of HA 1988 s. 16I in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.