In this section
Local authority enforcement
On or after 1 May 2026, you could be given a financial penalty of up to £7,000 if you do one or more of the following:
- claim to let the property on a fixed-term tenancy instead of a rolling tenancy, for example, by adding an end date
- claim to end a tenancy verbally
- require a tenancy to be ended verbally
- fail to give a tenant written notice that a specified ground might be used where this is required by law - for example, Ground 1B, sale of dwelling-house after rent to buy agreement
- fail to give a written statement of terms containing the information required by regulations
- fail to give existing tenants an information sheet which tells them about changes made by the act
- use a possession ground in a section 8 notice, ‘purported’ notice of possession or claim form when you do not reasonably believe that a possession order will be granted by the court on that ground
- try to end the tenancy using a ‘notice to quit’ or purported notice of possession
Enforcement action based on invalid notices of possession will not usually be taken if it was clear that there was a simple mistake (such as a spelling error) it would otherwise be a valid section 8 notice. You will need to use the correct process if you want a tenant to leave.
Offences
On or after 1 May 2026, you could be prosecuted or given a financial penalty of up to £40,000 if you are found to have done one or more of the following:
- relet or remarketed a property within the 12 month no relet and remarketing ‘restricted period’ after using statutory grounds for possession 1 or 1A, unless you took all reasonable steps not to, or an exception applies
- knowingly used a ground for possession despite knowing that a court would not order possession on it, or being reckless about that, resulting in the tenant leaving within 4 months without an order for possession being made
- committed a breach within 5 years of a previous offence
- committed a breach within 5 years of receiving a financial penalty for a previous breach that has not been withdrawn
- continued to commit a breach for more than 28 days after receiving a financial penalty for that breach that has not been withdrawn and is not the subject of an ongoing appeal
Exceptions to the 12 month no re-let and remarketing ‘restricted period’
The 12-month restricted period following use of possession grounds 1 or 1A will not apply or will end early if:
- you or a close family member moves in and use the property as an only or main home
- a licence to occupy is entered into where the licensee has agreed to buy the property or lease it for more than 21 years
- the new lease being marketed or granted will be for more than 21 years
- the court makes an order for possession of the property on a ground other than Ground 1 or 1A
Remarketing will include:
- advertising that the property is or may be available to let, for example, posting an advert online
- conducting letting agency work, telling someone that the property is or may be available to let
Enforcement
For any breaches or offences, we may impose a financial penalty on you, your letting agent or anyone acting on your behalf (other than a qualified legal representative) if we are satisfied that a breach or offence has taken place.