The possibility of jail sentences and tougher non-financial punishments for rogue landlords is being actively considered, as the Sentencing Council launches a wide-ranging consultation on how housing offences are punished in England and Wales.
The independent body is proposing a significant shift in approach, moving away from fines alone and towards penalties that more accurately reflect the seriousness of certain offences. These could include custodial sentences and community orders, particularly in cases where tenants have suffered serious harm.
The consultation focuses on a broad set of housing-related offences, including nine offences linked to unlawful eviction and unlawful harassment. These are among the most severe breaches, often involving tenants being forced out of their homes without due process. The review also covers offences relating to houses in multiple occupation (HMOs), as well as failures to comply with improvement notices, prohibition orders and licensing requirements.
According to the Sentencing Council, the review was prompted by concerns raised by a range of stakeholders, including local authorities, central government and legal professionals. These groups have argued that current sentencing outcomes are often too weak and inconsistent, reducing their effectiveness as a deterrent.
One of the key issues highlighted is the lack of consistency between courts. Similar offences can result in very different penalties depending on where the case is heard, with magistrates’ courts and higher courts often taking divergent approaches. This inconsistency, the council says, undermines confidence in the enforcement system.
Another major concern is that existing sentences do not always reflect the gravity of the harm caused. In cases of unlawful eviction, for example, tenants may lose not only their accommodation but also personal belongings and access to support networks. Vulnerable individuals are often the most affected, yet penalties can fail to reflect the life-changing impact of these actions.
While official data suggests relatively low numbers of prosecutions for unlawful eviction and harassment, the council acknowledges that this may not present the full picture. Evidence from housing charities and tenant support organisations indicates that many incidents go unreported or are never pursued through the courts.
The Sentencing Council suggests that the prevalence of low-level and inconsistent penalties may be contributing to this problem. Local authorities, faced with limited resources, may be reluctant to bring cases forward if the likely outcome does not justify the time and cost involved.
To address these issues, the council believes stronger non-financial penalties should be available in the most serious cases. Custodial sentences and community orders are being considered as ways to better reflect harm, improve deterrence and increase confidence in enforcement.
The consultation sets out proposed sentencing guidelines, including two guidelines covering unlawful eviction and harassment, and four guidelines relating to HMO offences and wider housing standards breaches. The aim is to create clearer, more consistent guidance for courts when dealing with these cases.
The consultation is now open, with responses invited from landlords, tenants, local authorities and other interested parties. Feedback must be submitted by 9 April, after which the Sentencing Council will review responses before deciding whether to introduce new sentencing guidance.
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