New guidelines aim to help courts in England and Wales sentence landlords for serious breaches of housing law.
The Sentencing Council – part of the Ministry of Justice – has launched a public consultation on new sentencing guidelines for housing-related offences. The move follows concerns that ‘rouge landlords’ are avoiding punishment for breaking the law.
Launched yesterday (15th January), the draft guidance covers unlawful eviction, harassment of occupiers and multiple housing standards and Houses in Multiple Occupation (HMO) offences.
If approved, the guidelines would apply to individual landlords and organisations, with an aim to reduce inconsistent and low-level penalties imposed by courts.
The proposals have been welcomed by prosecutors, council enforcement officers, housing lawyers and officials from the Ministry of Housing, as they’ve all repeatedly called for action. They argue current sentencing varies massively, making it harder to advise defendants and victims.
Chair of the Sentencing Council, Lady Justice May, said: ‘Housing offences such as unlawful eviction can have a devastating impact. There is currently limited guidance for courts on sentencing for these offences; consequently, a risk of inconsistency in how such offences are sentenced across the country. While the number of defendants sentenced for these offences is currently low, it is important that the courts approach sentencing with clarity and consistency.’
Court data shows relatively few prosecutions, but housing charities claim the real number of illegal evictions is much higher. Many cases never make it to court; instead, councils issue civil penalties due to limited resources and uncertainty about criminal outcomes.
According to research from the housing charity Safer Renting, there were 8,748 cases involving illegal evictions in 2022 – a 12% increase on the year before. However, during the same period only 26 landlords were convicted for conducting illegal evictions.
The council notes unlawful eviction can cause serious harm as victims may lose their homes or possessions and could face threats or violence. Some stakeholders believe, in serious cases, community orders or prison sentences would be more suitable than fines alone.
Guidance for HMO offences covers licensing breaches, overcrowding and failures to meet basic safety standards, including fire precautions and electrical checks.
Although licensing rules differ between areas, the council explains courts can assess harm by looking at the risks to tenants’ health and safety.
The Sentencing Council has acknowledged the complexity of housing law and recognised recent changes introduced under the Renters’ Rights Act 2025, which increased maximum civil penalty limits to £40,000 and abolished no-fault evictions.
The consultation is set to run for 12 weeks and submissions can be made online or by email. The council is also planning to carry out targeted research with judges and magistrates to assess how the guidelines would work in practice.
Image: Aaron Sousa/UnSplash
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