What is a civil financial penalty?
A civil financial penalty is a fine that a council can issue to a landlord or property manager when there has been a serious breach of housing law.
Council's can use a civil financial penalty instead of taking the case to court. This can be quicker and more effective, while still acting as a strong deterrent against poor practice.
Civil financial penalties were introduced by the Government in the Housing and Planning Act 2016.
A civil financial penalty:
- Is issued after we have investigated a case
- Is used when we are satisfied that an offence has been committed
- Gives the person receiving the penalty the chance to explain their side
- Can be appealed to the First‑tier Tribunal
- Allows any money received to be used to support housing enforcement work
The law and Government guidance set out:
- Which offences can receive a civil financial penalty
- The maximum amounts that can be charged
- How penalties should be assessed
Each council must have its own policy to explain how these powers will be used locally.
What is the policy?
Our Civil Financial Penalty Policy explains how we will use these powers in Stoke‑on‑Trent, in line with the Government legislation and statutory guidance.
The policy explains:
- When we may use a civil financial penalty instead of prosecution
- How we decide the amount of a penalty
- How we take account of things like:
- How serious the offence is
- The harm caused to tenants
- Whether the landlord is responsible or has broken the law before
- How penalties are issued, how representations can be made, and how appeals work
Why do we need a policy?
Government guidance says that councils must have a published policy before they can issue civil financial penalties.
Although the legal framework is set nationally, councils must explain how they will apply it locally. This helps make sure penalties are:
- Fair
- Consistent
- Proportionate
A clear policy also helps landlords understand how penalties are worked out and supports open and lawful decision making.
Why is the policy changing?
The Renters’ Rights Act 2025 introduced new offences and enforcement powers in the private rented sector, and updated Government guidance.
The proposed new policy:
- Reflects current legislation and guidance
- Is based on the Justice for Tenants (JFT) model used by many councils
- Clearly explains how we will assess and apply penalties in Stoke‑on‑Trent
- Includes a 33% discount for prompt payment
- Replaces the existing policy to keep enforcement up to date and effective
Who we are consulting with and how
This is a four‑week consultation. We are asking for views from:
- Elected Members
- Council officers
- Landlords, tenants and residents in Stoke‑on‑Trent
The consultation will run from Tuesday 12 May 2026
Please read the following documents before completeing the online questionnaire
Our Civil Financial Penalty Policy
Complete the consultation questionnaire