URL: https://moderngov.fareham.gov.uk/ieDecisionDetails.aspx?ID=2777

Decision Maker: Executive

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: Yes

Purpose: To seek Executive approval for the Draft Policy on Civil Penalties Under the Renters’ Rights Act 2025 and Other Housing Legislation (“the Policy”) prior to public consultation; and in due course award a contract to Justice for Tenants for the provision of support services.   The Renters’ Rights Act 2025 brings major reforms including the extension of civil penalty powers to new offences created by the Act as well as breaches of existing housing legislation. The updated penalty regime allows local authorities to impose: ·         Up to £40,000 for serious, persistent, or repeat offences. ·         Up to £7,000 for initial or lower‑level breaches. Penalties apply to: ·         Offences under the Renters’ Rights Act 2025 ·         Amended duties under the Protection from Eviction Act 1977 and Housing Act 2004 ·         Electrical Safety Standards Regulations breaches   The Ministry of Housing, Communities and Local Government (MHCLG) has issued statutory guidance—Civil Penalties under the Renters' Rights Act 2025 and Other Housing Legislation—which local authorities must follow when setting penalty levels. This guidance outlines key considerations such as:   ·         Severity of the offence ·         Harm and risk to tenants ·         Financial benefit gained by the landlord ·         Need for deterrence and proportionality   Local authorities are required to publish their own penalty-setting policy consistent with this national framework.

Content: To seek Executive approval for the Draft Policy on Civil Penalties Under the Renters’ Rights Act 2025 and Other Housing Legislation (“the Policy”) prior to public consultation; and in due course award a contract to Justice for Tenants for the provision of support services.   The Renters’ Rights Act 2025 brings major reforms including the extension of civil penalty powers to new offences created by the Act as well as breaches of existing housing legislation. The updated penalty regime allows local authorities to impose: ·         Up to £40,000 for serious, persistent, or repeat offences. ·         Up to £7,000 for initial or lower‑level breaches. Penalties apply to: ·         Offences under the Renters’ Rights Act 2025 ·         Amended duties under the Protection from Eviction Act 1977 and Housing Act 2004 ·         Electrical Safety Standards Regulations breaches   The Ministry of Housing, Communities and Local Government (MHCLG) has issued statutory guidance—Civil Penalties under the Renters' Rights Act 2025 and Other Housing Legislation—which local authorities must follow when setting penalty levels. This guidance outlines key considerations such as:   ·         Severity of the offence ·         Harm and risk to tenants ·         Financial benefit gained by the landlord ·         Need for deterrence and proportionality   Local authorities are required to publish their own penalty-setting policy consistent with this national framework. RESOLVED that the Executive:   (a)  approves for public consultation the Draft Policy on Civil Penalties Under the Renters’ Rights Act 2025 and Other Housing Legislation as attached at Appendix A to this report;   (b)  agrees that any minor changes to the Draft Policy are delegated to the Director of Housing and Health following consultation with the Executive Member for Health and Public Protection; and (c)  agrees that the award of the contract with Justice for Tenants is delegated to the Director of Housing and Health.

Date of Decision: March 23, 2026