Use this page to find out more about, and respond to, our Housing Enforcement and Licensing Policy consultation.
Our Housing service is responsible for the maintenance of minimum housing standards and the fair treatment of tenants. We will consider enforcement action, when considered appropriate, to promote compliance with the law.
What we're consulting on
Our Enforcement and Licensing Policy explains how we will respond to individuals and organisations that do not comply with housing law. It sets out our approach to enforcement, the options available, and how we aim to be fair, consistent, and transparent in all our actions.
We want your views on:
- our overall approach to enforcement of housing legislation
- how clear and easy to understand our policy is
- the right starting level for financial penalties for breaches of housing law and conditions (where there is local discretion)
- a potential increase to penalty fines of 10% for aggravating factors, and a cap on these increases
- a potential decrease to penalty fines of 10% for mitigating factors, and a cap on these decreases
- a potential adjustment to penalty fines of 20%, based on landlord type and financial considerations
Our proposals in detail
We want to know whether you agree with our suggested starting penalties for breaches of housing law.
| Breach | Starting penalty |
|---|---|
| Failure to ensure electrical safety standards are met under Regulation 3(1) | £12,000 |
| Failure to undertake remedial action as required under Regulation 3(4) | £20,000 |
| Failure to provide an electrical report upon request under Regulation 3(3) | £12,000 |
| Failure of registered providers to follow duties for the safety and checking of electrical equipment under Regulations 3B, 3C and 3D | £12,000 |
| Any other breach of duties under Regulation 3 | £7,000 |
We want to know whether you agree with our suggested starting penalties for breaches of housing law.
These are based on the nationally set starting penalties for offences under the HMO Management regulations.
| Property licence condition | Starting penalty |
|---|---|
| Failure to comply with HMO Fire Standards relating to fire alarms, fire doors and emergency lighting | £20,000 |
| Failure to comply with HMO Amenity Standards resulting in over-occupation of the HMO or insufficient amenities for the actual number of persons or households | £20,000 |
| Failure to provide safety certificates or safety declarations on demand | £12,000 |
| Failure to provide information or documentation on demand (excluding safety certificates or safety declarations) | £3,000 |
| Failure to provide information or documentation to tenants | £3,000 |
| Any other licence conditions not covered above (for example, conditions relating to antisocial behaviour, waste and recycling, or other HMO Fire and Amenity Standards) | £7,000 |
We may increase the level of a financial penalty by up to 50% of the applicable starting point to reflect the presence of aggravating factors.
This uplift is capped at 50% in total, regardless of the number of aggravating factors present.
These factors could include:
- previous non-compliance, including a financial penalty, prosecution, simple caution or warning letter
- the breach or offence having continued for more than 6 months
- non-cooperation with us. Examples include:
- failing to provide a substantive response to a letter alleging an offence
- failing to attend meetings or interviews
- deliberate or reckless breach. Examples include:
- knowledge that the breach or offence was occurring
- continuing the offending behaviour after communication from us
- premeditation or planning, including steps taken to prevent detection or effective investigation
- applying pressure to occupants to deter cooperation with us
- providing false or misleading information to us
- evidence of a wider community impact
- HHSRS Category 1 hazards present at the property
- actual harm caused to the tenant or occupant
We may reduce the level of a financial penalty by up to 50% of the applicable starting point to reflect the presence of mitigating factors.
This reduction is capped at 50% in total, regardless of the number of mitigating factors present.
These factors could include:
- prompt remedial works completed within 28 days
- prompt steps taken to remedy the cause of the breach or offence
- a high level of cooperation with us
- admission of liability or responsibility before a notice of intent is issued
- significant verified health issues
- diminished culpability (limited responsibility). Please note, the instruction of a managing or letting agent, or reliance on an agent’s actions or omissions, will not by itself constitute diminished culpability
- self-reporting of the breach or offence
- a good history of compliance
When deciding on an appropriate final penalty, we may apply an upward or downward adjustment of up to 20% to reflect the portfolio size, experience and status of the landlord who is being penalised.
An upward adjustment of 20% of the applicable starting point will be applied where the landlord meets any one or more of the following criteria:
- 6 or more properties which are controlled/owned/managed
- 3 or more HMOs which are controlled/owned/managed
- corporate landlord or director
- evidence of high experience/professionalism
- professional letting/management agent
A downward adjustment of 20% of the applicable starting point will be applied only where all of the following criteria are met:
- 2 or fewer properties ever owned or managed
- 1 or fewer HMOs ever owned or managed
- very limited experience in the letting or management of property
Who we're consulting
We would like to hear from both landlords and tenants living in rented accommodation, as well as property agents and managers, landlords' associations, and charities or organisations that advocate for tenants.
Have your say
To have your say on this consultation, you can complete our online form.
Please ensure you have read the Enforcement and Licensing Policy document before responding.
This consultation is open until 5pm on Wednesday 23 September 2026.
If you need a different format
If you need support completing the form online or require another format, please call us on 01225 396 444 or email housing@bathnes.gov.uk
Alternatively, you can visit us for in-person support at any of our council-run libraries or information centres.
What happens next
We will consider the feedback to this consultation and make any changes before finalising the proposed policy.
It will then go to the B&NES Cabinet Member for Built Environment, Housing and Sustainable Development for a decision to adopt the policy or otherwise.