Civil penalties up to £40,000 — HA 1988 s. 16K
Local housing authorities can impose civil penalties up to £40,000 as an alternative to prosecution for section 16J offences under HA 1988 s. 16K.
A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person is guilty of an offence under section 16J. 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 in respect of the conduct have been instituted against the person and the proceedings have not been concluded, or criminal proceedings under that section in respect of the conduct have been concluded and the person has not been convicted of the offence. 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 £40,000. Where— a local housing authority is satisfied as mentioned in subsection (1) in relation to two or more persons, and the offences 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. 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 (5).
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 provision empowers local housing authorities to issue financial penalties as an alternative to criminal prosecution when a person commits an offence under section 16J. To impose a penalty, the authority must be satisfied beyond reasonable doubt that the person is guilty of the offence. The penalty amount is determined by the council but cannot exceed £40,000.
Financial penalties cannot be imposed if criminal proceedings for the same conduct have already been started and are ongoing, if the person has been convicted of the offence, or if criminal proceedings concluded without a conviction.
If two or more people commit an offence arising from the same conduct while acting on behalf of one another, the authority may penalise them jointly, making them jointly and severally liable for the penalty. Housing authorities must also have regard to any guidance issued by the Secretary of State.
When it applies
- A local housing authority decides to impose a civil fine instead of taking a landlord to court for a section 16J offence.
- A council issues a single joint financial penalty to a landlord and their agent who acted together in committing the offence.
- A council considers guidance issued by the Secretary of State when deciding the appropriate penalty amount up to £40,000.
What this section does not say
- Fining a landlord who was already tried in court and acquitted for the exact same conduct.
- Defining which specific actions or omissions constitute an offence under section 16J.
- Appealing or enforcing a financial penalty, which is covered under supplementary provisions in ha1988s.16l.
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This page reproduces the text of HA 1988 s. 16K 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.