Brighton Unlicensed Landlord Penalties: Civil Fines, Prosecution, and Rent Repayment Orders

What Brighton's Council Can Do

Brighton and Hove City Council's Private Sector Housing Team has two enforcement routes for unlicensed properties under the Housing Act 2004, and they choose whichever they consider more appropriate for the circumstances.

Civil penalties can be issued directly by the council without going to court. Since 1 May 2026, the maximum penalty has been £40,000 per offence — up from the previous £30,000 cap. Each offence counts separately: an unlicensed HMO that also breaches licence conditions can attract multiple penalties.

Criminal prosecution through the Magistrates' Court or Crown Court carries an unlimited fine upon conviction. This route is typically reserved for serious or repeat offenders, but the council has discretion to prosecute any unlicensed letting.

These aren't theoretical powers. Brighton has actively expanded its enforcement capacity alongside its licensing expansions, and the council's updated enforcement policy from May 2026 reflects a deliberate tightening of standards.

Rent Repayment Orders: The Tenant's Route

Separately from council enforcement, tenants in an unlicensed property can apply to the First-tier Tribunal (Property Chamber) for a Rent Repayment Order.

For licensing offences committed on or after 1 May 2026, the Renters' Rights Act 2025 extended the maximum recovery period from 12 months to 24 months of gross rent. That means a tenant paying £1,200 per month could claim back up to £28,800. The local authority can also apply for an RRO.

The tribunal makes its own assessment of the amount; 24 months is a maximum, not an automatic award.

Management Orders

For the most persistent cases — where a licensable property remains unlicensed and there's no realistic prospect of prompt licensing — the council has a statutory duty to make an Interim Management Order. This transfers management control and rent collection directly to the council for up to 12 months, extendable to a Final Management Order lasting up to five years.

Effectively, you lose control of your property. The council manages it, collects the rent, and deducts its costs before returning any surplus.

Banning Orders and the Rogue Landlords Database

Under the Housing and Planning Act 2016, severe or repeat offenders can be placed on the national Database of Rogue Landlords and issued a Banning Order prohibiting them from letting any property anywhere in England for a minimum of 12 months. A banning order isn't limited to the Brighton property — it covers all your lettings nationwide.

The Appeal Process

Landlords who receive a Civil Penalty Notice have a statutory right of appeal to the First-tier Tribunal within 28 calendar days of the Final Notice. The tribunal conducts a full re-hearing and can confirm, vary, or quash the penalty. But an appeal doesn't suspend the obligation to license the property — the property remains unlicensed until a valid application is submitted.

What This Means in Practice

Possible sanctions depend on the circumstances and statutory requirements. A landlord operating an unlicensed HMO in Brighton could face a £40,000 civil penalty from the council, a Rent Repayment Order from the tenants, and, in severe or repeat cases, placement on the rogue landlords database or a banning order.

The cost of licensing (£740 for selective, up to £1,314 for a 6–8 tenancy/bedsit mandatory HMO) is a fraction of the potential exposure.

The Brighton and Hove Landlord Licensing Guide walks through the full enforcement framework and explains how to get compliant before these penalties come into play.

See more England guides →