Penalties for illegal renting

You could be sent to prison for 5 years or get a fine for renting property in England to someone who you knew or had 鈥榬easonable cause to believe鈥� did not have the right to rent in the UK.

This includes if you had any reason to believe that:

  • they did not have leave (permission) to enter or stay in the UK
  • their leave had expired
  • their papers were incorrect or false

You can also be fined if both of the following apply:

  • you rent your property to someone who is not allowed to stay in the UK
  • you cannot show that you checked their right to rent

If you鈥檙e asked to prove you鈥檝e done a check

You might get a 鈥榬eferral notice鈥� to let you know your case is being investigated and that you could get a fine (鈥榗ivil penalty鈥�).

You鈥檒l be sent an 鈥榠nformation request鈥� to allow you to provide evidence that you鈥檝e carried out the check.

After your case has been considered, you鈥檒l be sent either:

  • a 鈥榥o action鈥� notice
  • a civil penalty notice with the amount you have to pay

Fines (civil penalties)

The amount you have to pay will depend on the type of accommodation and if you鈥檝e received a civil penalty before.

Amount for a first time penalty Amounts for further penalties
Lodgers in a private household 拢5,000 拢10,000
Tenants in rented accommodation 拢10,000 拢20,000

Details of how to pay are on your civil penalty notice.

You can save 30% if you pay your civil penalty within 21 days.

Objecting to a civil penalty

You can object to a penalty within 28 days of the 鈥榞iven鈥� date on the civil penalty notice.

You can object if:

  • you are not liable to pay the penalty, for example you鈥檙e not the landlord
  • you鈥檝e made a correct check on the tenant or made a report to the Home Office after a repeat check (where a tenant no longer has a right to rent)
  • the penalty was not calculated correctly

You鈥檒l be sent an 鈥榦bjection outcome notice鈥� within 28 days that will say if you have to pay the penalty or not.

Appeals

You must appeal against the penalty within 28 days of the date on the objection outcome notice.

You can appeal for the same reasons that you made your objection.

You might have to pay the Home Office鈥檚 legal costs if you lose your appeal.

Send to your nearest county court with the correct fee to appeal.

You must also send a copy of your completed form to the Government Legal Department.

Government Legal Department
1 Kemble Street
London
WC2B 4TS