Private Sector Housing Enforcement Policy 2024
9.0 Offences
9.1 Housing Act 2004
9.1.1 Section 30 - Failure to comply with an improvement notice without reasonable excuse - the notice recipient commits an offence and is liable to a Civil Penalty being imposed of up to £30,000, or a Prosecution on summary conviction they can be fined up to level 5 on the standard scale. The obligation to carry out the remedial works continues despite the fact that the period for completion has expired.
9.1.2 Section 32 - Failure to comply with a Prohibition Order - an offence is committed if the premises is used in contravention to the order, or permission is given for the premises to be used in contravention to the order. On summary conviction fines up to level 5 on the standard scale may be levied.
9.2 Environmental Protection Act 1990
Failure to comply with a notice under s80 - the notice recipient commits an offence and is liable to prosecution. On summary conviction the fine can be up to level 5 on the standard scale
9.3 Management of Houses in Multiple Occupation (England) regulations 2006
Failure to comply with these regulations is a strict liability offence. Where noncompliance is found the person(s) are liable to either a Civil Penalty of up to £30,000 for each offence or a prosecution on summary conviction the fine can be up to level 5 on the standard scale.
9.4 Building Act 1984
Failure to comply with a notice under s59/60, s64/65 & s76 -the notice recipient commits an offence and is liable to prosecution. On summary conviction fine can be up to level 4. In addition a daily charge of £2 until works are completed can be incurred.
9.5 Public Health Act 1936
Failure to comply with a notice under s45 - the notice recipient commits an offence and is liable to prosecution. On summary conviction where steps other than work is required the fine is up to level 1 & £2 a day after conviction. Where work is required the fine can be up to level 4 and £2 a day after conviction.
9.6 Standard scale
On the standard scale, the fines currently stand at Level 4 is currently up to £2,500. Level 5 is currently an unlimited fine.