Enforcement by Local Authorities
Local authorities have various enforcement powers under the Housing Act 2004 and the Renters’ Rights Act 2025 to take action against landlords where residential properties are in poor condition or where landlords and letting agents have breached statutory obligations.
When exercising these powers, local authorities will generally have regard to the Housing Health and Safety Rating System Guidance (“HHSRS”). The HHSRS is a risk-based assessment tool used to identify hazards within residential properties and assess the potential risk those hazards may pose to the health and safety of occupiers.
In most cases, a local authority will inspect a property following a complaint made by a tenant. Following inspection, the authority may identify Category 1 or Category 2 hazards and decide what enforcement action, if any, is appropriate.
Enforcement action available to local authorities may include:
- Improvement Notices
- Emergency Remedial Action
- Prohibition Orders
- Hazard Awareness Notices
- Financial Penalties
- Rent Repayment Orders
- Prosecution proceedings
- Banning Orders against landlords or agents
Under the Renters’ Rights Act 2025, local authorities also have increased powers to impose financial penalties for certain breaches, with penalties in some cases reaching up to £40,000.
In certain circumstances, local authorities may also seek Rent Repayment Orders against landlords, letting agents, or superior landlords where statutory offences have been committed.
Enforcement action taken by a local authority can often be appealed to the First-tier Tribunal (Property Chamber), provided there are valid grounds to challenge the decision.
Common grounds of appeal may include:
- Hazards being incorrectly assessed or over-scored under the HHSRS
- Repairs being delayed due to a tenant refusing access
- The alleged defects not amounting to actionable hazards
- Procedural failures by the local authority
- The landlord having already taken reasonable remedial steps
Given the complexity of housing enforcement law and the HHSRS scoring system, it is important for landlords and agents to obtain specialist legal advice promptly following receipt of any enforcement notice or proposed penalty.
We’re a landlord’s and
agent’s first call
We lead the way with evictions, helping landlords are agents nationally with a guaranteed eviction service and free advice line. Click to read our eviction service page.