Penalties for unlicensed letting

Letting a property that needs a licence without one is a serious matter, and the penalties increased in 2026. Here is exactly what you are exposed to, and how to avoid it.

Civil penalties and fines

A council can impose a civil penalty of up to £40,000 per offence as an alternative to prosecution (raised from £30,000 on 1 May 2026). Alternatively it can prosecute, and the court can impose an unlimited fine.

Related breaches carry their own penalties: failing to register on the PRS Database can bring up to £7,000, rising to £40,000 for serious or repeat breaches.

Rent repayment orders

A tenant (or the council) can apply to the tribunal for a rent repayment order. For offences committed on or after 1 May 2026 this can be up to 24 months' rent, doubled from the previous 12-month cap.

This means an unlicensed landlord could be ordered to repay up to two years of rent, on top of any civil penalty, and superior landlords in rent-to-rent chains can now be caught too.

Banning orders and possession

Serious or repeat offenders can be given a banning order preventing them from letting property, and be entered on a national rogue landlord database.

Being unlicensed also affects possession. While unlicensed you cannot rely on certain possession routes, and once the PRS Database is live, courts can refuse possession to unregistered landlords.

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Frequently asked questions

Can I be penalised even if I didn't know I needed a licence?

Yes. Not knowing about a local scheme is generally not a defence. Because selective and additional schemes change frequently and apply street by street, it is your responsibility to check. That is exactly what a licence check is for.

How do I fix it if I've been letting without a licence?

Apply for the required licence as soon as possible and take advice. Applying does not erase past liability, but demonstrating prompt action can help. Our report tells you which licence you need and the steps to take.

PRSCheck is an information service based on published legislation and council designations, not legal advice. Figures current as of July 2026.