Hammersmith and Fulham Civil Penalty for Unlicensed Properties
Letting a property in Hammersmith and Fulham without the required licence isn't a grey area. LBHF has the power to impose civil penalties of up to £40,000 per offence, and it uses them — the borough's private sector housing team actively enforces against unlicensed landlords.
The Penalty Framework
Under the Housing and Planning Act 2016, LBHF can issue civil financial penalties as an alternative to criminal prosecution for licensing offences:
For Housing Act 2004 offences committed on or after 1 May 2026, the statutory maximum civil penalty increased from £30,000 to £40,000. Earlier offences remain subject to the previous £30,000 maximum.
| Offence | Maximum Penalty |
|---|---|
| Operating an unlicensed HMO (Section 72(1)) | £40,000 |
| Operating an unlicensed selective property (Section 95(1)) | £40,000 |
| Breaching licence conditions (Section 72(3) / 95(2)) | Up to £40,000 per offence |
| Exceeding permitted occupancy (Section 72(2)) | £40,000 |
These are per-offence penalties. A landlord with two unlicensed properties faces two separate penalties. And the council isn't limited to one offence per property — breaching multiple conditions can stack.
Criminal Prosecution
Instead of a civil penalty, LBHF can choose to prosecute through the magistrates' court. For operating an unlicensed HMO or selective property, the maximum court fine is unlimited. The council cannot impose both a civil penalty and prosecute for the same offence, but it chooses whichever route it considers more effective.
Rent Repayment Orders
On top of penalties from the council, tenants can apply to the First-tier Tribunal for a rent repayment order (RRO). For qualifying offences committed on or after 1 May 2026, the Renters' Rights Act 2025 allows a maximum recovery period of 24 months of rent paid. Offences committed before that date remain subject to the previous 12-month maximum. An RRO can be made against an immediate or superior landlord, a company landlord, and in defined circumstances its directors, managers, or similar officers. A letting or managing agent cannot be named as an RRO respondent solely because it manages the property or collects rent.
A single property let at £1,500 a month to three sharers over two years represents £36,000 of potential RRO exposure on top of whatever penalty the council imposes.
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Banning Orders and the Rogue Landlord Database
For repeat or serious offenders, LBHF can apply for a banning order that prevents the landlord from letting property anywhere in England. In qualifying cases, a landlord may also be entered on the national Database of Rogue Landlords and Property Agents; entry is not automatic for every licensing offence.
In extreme cases, the council can make an Interim or Final Management Order, taking over management control and rental income collection from the landlord.
How to Respond to a Penalty Notice
LBHF issues a Notice of Intent before imposing a civil penalty. The landlord has 28 days to make written representations. After considering those, the council issues a Final Notice. If you disagree, you can appeal to the First-tier Tribunal (Property Chamber) at 10 Alfred Place, London WC1E 7LR within 28 days of the Final Notice.
The Housing Act 2004 provides a reasonable-excuse defence for these licensing offences. Whether it applies depends on the circumstances; do not assume that lack of knowledge alone will establish it.
For the full licensing requirements and how to apply, see the Hammersmith and Fulham Landlord Licensing Guide.
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