Sentencing guidelines proposed to tackle ‘inconsistency’ in penalties for rogue landlords

She added: “Housing offences such as unlawful eviction can have a devastating impact. While the number of defendants sentenced for these offences is currently low, it is important that the courts approach sentencing with clarity and consistency.”

The council, which is responsible for developing guidelines that courts in England and Wales must follow when passing a sentence, said it took the decision to consult on new guidelines after concerns were flagged up by councils, barristers and government officials.

One of the main concerns was the lack of guidance on sentencing for offences such as unlawful eviction despite the “significant harm caused”, which can include vulnerable victims permanently losing their homes or belongings.

This was making it difficult for legal counsel to advise clients about likely outcomes, and leaving courts without guidance or precedent to impose consistent and proportionate sentences across the country, the council said.

Data published alongside the consultation, taken from the Ministry of Justice Court Proceedings Database, reveals between around 10 and 40 adult offenders have been sentenced for eviction or harassment in any given year since 2014. Just 10 landlords were sentenced in 2024.

In the period between 2020 and 2024, fewer than five offenders were sentenced to immediate custody and around 61% of offenders only received a fine, with the majority (80%) fined £1,000 or less.

But while the data shows low volumes of cases, the council said that research in the charity sector suggests there are a significant number of cases not being brought to prosecution through the criminal justice system.

Research published last month by the University of York found that councils and police forces across the UK are failing to crack down on criminal landlords operating at the “margins” of the private rented sector.

The report, produced in collaboration with the Universities of Northumbria and Sheffield and Safer Renting, a renter advocacy service, highlighted how criminal prosecutions are too slow, under-resourced and often result in “minimal penalties”. 

In some cases, courts issued fines as low as £100 for illegal eviction offences, and, under the Housing and Planning Act 2016, fewer than 40 landlords have so far been subject to banning orders in the past decade, researchers found.

In its consultation document, the council said that low-level sentences for landlords were “widely recognised” as a contributing factor to the reluctance of local authorities to prosecute, with many councils instead deciding to deal with them through civil means.

However, the Sentencing Council said that in more serious cases, a criminal penalty may be more appropriate as it would allow the offence to be put on a landlord’s criminal record, the landlord to be served with a banning order and compensation to be awarded to victims.

The council said: “The harm that can be caused by this offending includes a victim losing access to their possessions or losing their home entirely, and the offending is often seen alongside violence and harassment. 

“It seems appropriate that these harms are reflected, at least in some cases, with non-financial penalties, such as custodial sentences or community orders.”

The 12-week consultation is accepting responses until 9 April, and will inform the first set of guidelines produced for the courts on housing offences.