You can get a fine, or a civil penalty, for renting a property to anyone who does not have the right to rent in the UK.
You can avoid penalties for illegal renting by showing you checked the tenant right to rent.
What happens if you become under suspicion of renting a house or room illegally?
As a rule, you would get a 'referral notice'. The letter informs you that your case is under investigation.
The referral notice also tells you that you could get a civil penalty if found guilty of illegal renting.
You will then receive an 'information request'. This document allows you to provide written evidence that you did carry out the tenant check.
Your case gets considered based on the evidence you provide and then you will either receive:
Landlord penalties for illegal renting vary according to two specific factors. The amount depends on the type of accommodation and whether you received a civil penalty before.
|Type of Accommodation||Landlord Penalty (first time)||Landlord Penalties (repeat offences)|
|Lodgers in a private household||£80||£500|
|Tenants in rented accommodation||£1,000||£3,000|
Note: You will find relevant details for payment on the civil penalty notice. Paying it within 21 days means you can save 30% of the total fine.
You must follow some basic steps if you want to object to a civil penalty. You must lodge your objection within 28 days of the 'given' date on your civil penalty notice. You may object if you:
You will receive an 'objection outcome notice' within 28 days informing you whether you must pay the penalty or not.
You must make any appeal against the penalty within 28 days of the date on the objection outcome notice.
Use the form N161 for your appeal. Appealing a civil penalty should be for the same reasons you stated on your objection.
Note: Losing your appeal means you may be liable for paying the Home Office legal costs.
Send the completed form N161 to your nearest county court along with the correct fee. Remember to send a copy of your completed form to the Government Legal Department as well.
Government Legal Department
1 Kemble Street
London WC2B 4TS
Penalties for Illegal Renting; UK Rules Updated 2017