Dealing with Local Authority Enforcement – Section 2.20a

Financial penalties relating to category 1 hazards or type 1 requirements

Housing Act 2004 s6A

• A breach
• Maximum fine – £7,000 per offence
• Recommended starting point – this will vary depending on the relevant Local Authority policy
• The standard of proof is “on the balance of probabilities”

General Notes

This was introduced into the Housing Act by the Renters Rights Act 2025 and came into force on 22/6/2026.

Type 1 requirements are the equivalent concept under the revised HHSRS system, which came into force on 23 June 2026.

The fine can be imposed if the Local Authority find a category 1 hazard and the landlord fails to remedy this when “it would have been reasonably practicable” for this to have been done.  (See s(1)(b) in the legislation extract below).

Before imposing a penalty, the Local Authority must be satisfied on the balance of probabilities that the requirements of section 6A are met. The imposition of a penalty is discretionary and not automatic.

The Local Authority need to take into account the following when deciding whether it was ‘reasonably practicable’ for the hazard to have been removed (the ‘responsible person’ in most cases being the landlord):

• How long the responsible person has known about the existence of the hazard;
• Whether practical steps could have been taken to remedy the hazard without disproportionate expense or disruption;
• What steps the responsible person has taken to remove the hazard or reduce its impact, including any efforts made to secure the services of specialist tradespeople;
• Whether permission from other parties is needed to remove the hazard and the steps the responsible person has taken to secure that permission; and
• Whether tenants have provided access to the property in order for remedial works to be carried out.

Tenants refusing access

The final point above is really important for landlords, and you should therefore keep records of all attempts to arrange access, including letters, emails, text messages and contractor appointment records.

This evidence will be very important if you want to challenge Local Authority enforcement action.

Note also that if tenants won’t let you in to do inspections,  our Property Access Kit has guidance.

Not the only penalty

This financial penalty is in addition to the Local Authority’s existing enforcement powers.

Depending on the circumstances, the authority may also serve improvement notices, make prohibition orders, carry out emergency remedial action or take other enforcement steps.

Procedure and appeals

There is a right of appeal to the First Tier Tribunal.

The procedure for imposing this penalty and for the appeals procedure is set out in a separate schedule, Schedule A1 to the Housing Act.

Government guidance is available here.

Legislation

Schedule A1, which sets out the procedure for imposing a financial penalty, can be read here.