Enforcement Watch: Edition 002, May 2026
First post-Renters' Rights Act prosecutions emerge in Rotherham and Derby as councils exercise new statutory enforcement powers, with the 31 May Information Sheet deadline adding a live £7,000 civil penalty exposure for landlords who have not yet complied.
Civil penalties
The Information Sheet obligation under the Renters' Rights Act 2025 is the immediate live penalty risk. All landlords in England with tenancies that existed as assured shorthold tenancies before 1 May 2026 must have served the government's prescribed Information Sheet on all named tenants by 31 May 2026. Failure to comply carries a civil penalty of up to £7,000. The deadline is 19 days away as of this edition. Non-service may also invalidate possession notices.
A new rent repayment order application form was published by the government on 6 May 2026, updated to reflect the doubled maximum of 24 months' rent for qualifying offences committed on or after 1 May 2026. Applications for offences before that date remain subject to the 12-month cap.
A second Derby landlord has been prosecuted for failing to produce documents requested by Derby City Council under the Housing Act 2004. Sonita Talwar, 79, was found guilty in her absence of failing to provide complete records of tenancy agreements and rental income. She was fined £440, ordered to pay £689.88 costs, and a victim surcharge of £176, a total of £1,305.88. The prosecution arose following resident complaints about property management. This follows the Naeem Akhtar case reported in Edition 001 from the same Derby enforcement programme. Under the Housing Act 2004, councils with investigatory powers, now extended to include letting agents, property technology companies, banks, and accountants under the Renters' Rights Act, can require documents as a matter of course. Refusal is a criminal offence.
Tribunal decisions
The First-tier Tribunal (Property Chamber) upheld a full 12-month rent repayment order against a landlord found to have operated a property as an unlicensed mandatory HMO. The landlord argued the occupiers were members of the same household. The Tribunal rejected this, applying the Housing Act 2004 definition and finding no common household existed. Full rent for all occupiers over 12 months was ordered repaid. The decision was published 14 April 2026 and is consistent with the Tribunal's established position of awarding near-maximum orders where the landlord cannot demonstrate reasonable steps were taken to obtain a licence. This decision relates to an offence before 1 May 2026; equivalent offences committed after that date are now subject to a 24-month maximum.
The Tribunal Procedure (Property Chamber) (Amendment) Rules 2026 came into force 1 May 2026, bringing RRA 2025 appeals within the scope of the Property Chamber. This amends the procedural framework for how landlords can challenge civil penalties and other enforcement decisions made under the new Act.
Borough enforcement
Rotherham, South Yorkshire. Zaffar Hussain was prosecuted following an inspection that identified multiple serious hazards at a privately rented property: exposed electrical wiring, absence of smoke alarms, fire safety failures, inadequate security, excess cold, defective windows, and evidence of rodent infestation. The council served a legal notice requiring remedial works. Works were partially attempted but not completed and did not resolve the identified hazards. Hussain was convicted and ordered to pay a £4,000 fine, a £1,600 victim surcharge, £500 in compensation, and £564.30 in prosecution costs, a total financial penalty of £6,664.30. Source: Landlord Today, 12 May 2026.
Hackney, London. New additional and selective licensing schemes launched 1 May 2026 following the designation announced in February 2026. Landlords with properties in Hackney who have not yet applied should do so immediately. Operation of a licensable property without a licence exposes landlords to civil penalty or prosecution, and from 1 May 2026, rent repayment orders of up to 24 months. Separately, Hackney's existing selective licensing scheme designation was extended for a further five years on 29 April 2026.
Harrow, London. Four of the six selective licensing designations approved in February 2026 remain to commence: Greenhill, Marlborough, Wealdstone North, and Wealdstone South are scheduled to launch between now and September 2026. The Edgeware and Roxeth designations commenced 2 May 2026 at £786 per property.
What to watch
31 May 2026: Information Sheet deadline. The single highest-priority enforcement date this month. Landlords who have not served the Renters' Rights Act Information Sheet on all named tenants with pre-1 May 2026 tenancies face a civil penalty of up to £7,000 per failure.
First RRA offence-category civil penalties. Liverpool, Sheffield, Newcastle, Bristol, and Brighton and Hove were confirmed operationally ready ahead of 1 May. The first penalty notices under the new RRA offence categories, which carry up to £7,000 for breaches and up to £40,000 for offences, are expected to emerge in May and June as councils begin applying the expanded framework.
RBKC enforcement policy publication. The Royal Borough of Kensington and Chelsea's draft Housing Enforcement Policy 2026 closed for consultation on 26 April. The finalised policy, which sets out how RBKC will calculate and apply civil penalties under the new framework, is expected to be published shortly.
Harrow licensing commencements. Four further selective licensing schemes are scheduled to go live across Harrow before September 2026. Landlords with properties in Greenhill, Marlborough, Wealdstone North, or Wealdstone South should monitor for the commencement dates and apply before operation begins.
This content is for general informational purposes only and does not constitute legal, financial, or professional advice. Always verify information against the original source and seek independent professional guidance before acting on any regulatory matter.
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