Enforcement options by the Council
Where a landlord or agent fails to comply with their legal obligations, including maintaining a safe and decent home, carrying out necessary repairs, or meeting property licensing requirements, the Council may take enforcement action. This includes failures to licence a property or House in Multiple Occupation (HMO) where a licence is required, or other breaches of housing and rental legislation.
This includes failures to licence a property or House in Multiple Occupation (HMO) where a licence is required, or other breaches of housing and rental legislation.
Enforcement action before 1 May 2026
For conduct, notices, and offences that occurred before 1 May 2026, the Council’s enforcement action will be assessed and taken in accordance with the legislation and enforcement framework in force at the time.
This includes enforcement under existing housing, licensing, and environmental health legislation, and the use of penalties, prosecution, and other sanctions available prior to the commencement of the Renters’ Rights Act.
Pre-1st May Enforcement Policy (PDF)
Enforcement action from 1 May 2026 onwards
From 1 May 2026, enforcement action will reflect the changes introduced by the Renters’ Rights Act, alongside existing housing legislation.
Where relevant conduct, offences, or non‑compliance occur on or after this date, the Council may use the updated enforcement powers, sanctions, and remedies available under current law. This includes the strengthened approach to compliance, new offences, and enhanced tenant protections introduced from this date.
In some cases, enforcement action may involve consideration of both the pre‑ and post‑1 May 2026 legal frameworks, depending on when the relevant events took place.
Post 1st May Enforcement Policy (PDF)
The Council will assess each case on its individual facts, including the timing of any breach or offence, and will apply the appropriate legal framework accordingly. Further information on the Renters’ Rights Act changes is available on the Council’s dedicated Renters’ Rights information page.
Types of enforcement action:
- Serving a Notice:
- Making a Prohibition Order
- Serving a Financial Penalty Notice (FPN)
- Prosecution
- Revoke a property licence
- Reduce the term (time) of a property licence
- Banning Orders
- Management Orders (Interim and Final)
- Compulsory Purchase Order (CPO)
- Rent Repayment Order (RRO)
Notices and/or Orders
If enforcement action is taken against a landlord/agent then the Council can serve a Notice under a number of different acts including; the Housing Act 2004, Public Health Act 1936, Building Act 1984, Environmental Protection Act 1990, Prevention of Damage by Pests Act 1949, Local Government (Miscellaneous Provisions) Act 1976; and others.
The Council may also make a Prohibition Order (or a Suspended Prohibition Order and or an Emergency Prohibition Order) under the Housing Act 2004.
If a Notice or Order are served under the Housing Act 2004 then the landlord/agent will be charged a fee of £845. This allows the Council to recover their costs of serving and preparing the Notice or Order.
Financial Penalty Notice (FPN)
A Financial Penalty Notice (FPN) is a civil penalty issued against a landlord or agent, as an alternative to prosecution, for certain housing‑related offences under applicable legislation, including the Housing Act 2004.
Relevant offences include:
- failing to comply with an Improvement Notice;
- failing to apply for a property licence;
- failing to comply with the conditions specified in your property licence;
- failing to comply with management regulations for houses in multiple occupation (HMOs); and
- failing to return documents under the conditions of a property licence when requested.
The level of any financial penalty will be determined in accordance with the applicable legislation and the Council’s enforcement policy, and higher penalties may apply in the case of serious or repeat offences.
Prosecution
The Council may prosecute a landlord/agent in the Magistrate’s Court (or in some cases Crown Court) for the following:
- failing to comply with a Notice or Order served;
- failing to licence a property or house in multiple occupation (HMO) which requires a licence;
- failing to comply with the licence conditions (for either Selective, Additional or Mandatory HMO Licences types);
- failing to comply with the house in multiple occupation (HMO) management regulations;
- failing to provide information and return documents for a property when requested; and
- for illegally evicting or harassing a tenant/s.
- misuse of possession grounds or other offences introduced under current housing legislation.
Fines vary depending on the offence/s and the act that you are being charged under. If found guilty the landlord will also have to cover the Council’s costs in taking the case to Court, including any solicitors and/or barristers fees.
Banning Order
The Council can also apply for a Banning Order against a Landlord/agent after a conviction (for certain offences) or after repeated civil penalties.
The Banning Order would prevent the Landlord/agent from renting out any residential accommodation, engaging in letting agency work and engaging in any property management work across the whole of England, not just in Newham.
It would also prevent the Landlord/agent from holding any property licences.
London Rogue Landlord and Agent Checker
Details of prosecutions, financial penalties and Banning Orders are entered into the London Rogue Landlord and Agent Checker on the london.gov.uk website.
Management Orders (Interim and Final)
The Council can make a Management Order (Interim and Final) to transfer the management of an unlicensed residential property to the Council.
All associated costs of the works and management of the property will be recovered from the rents which will be collected by the Council from the tenants.
Mortgage repayments will however remain the mortgage holder’s responsibility.
Compulsory Purchase Order (CPO)
In some cases, a Compulsory Purchase Order (CPO) may be made, which means that the landlord would lose ownership of their property.
The CPO would transfer the ownership of the property to the Council, without the consent of the owner upon certain criteria being met.
Rent Repayment Order (RRO)
Even if you are not prosecuted, the Council and/or your tenant/s can apply to the First Tier Property Tribunal for a Rent Repayment Order (RRO).
If the Tribunal awards an RRO, it may require repayment of up to two years’ rent to the tenant, or to the Council where Housing Benefit or Universal Credit has been paid, depending on the date and circumstances of the offence.
