Challenging a civil penalty for an illegal tenant

Landlords may be found in breach of the Right to Rent Scheme if they are discovered to be letting private residential accommodation to individuals who do not have lawful immigration status in the UK.

Where a breach is suspected, the Home Office may issue a Referral Notice, indicating that liability for a civil penalty is under consideration. If a penalty is imposed, the landlord will receive a Civil Penalty Notice.

Landlords are given the opportunity to respond and present evidence of a statutory excuse – typically by demonstrating that a compliant right to rent check was carried out. A properly conducted check is the only way to establish protection from liability.

If the Home Office determines that no statutory excuse has been established, it will assess the appropriate level of penalty based on the circumstances of the breach.

Landlords may be subject to varying civil penalty amounts depending on the type of tenant involved and whether a breach of the Right to Rent Scheme has occurred within the previous 3 years.

Where a breach is identified, the Home Office will assess the level of penalty in accordance with the circumstances of the case. The applicable fines are set out below:

Unlike civil penalties issued under other regulatory schemes, landlords subject to enforcement under the Right to Rent Scheme should be aware that no mitigating factors will be considered to reduce the penalty amount.

However, the Scheme does offer a Faster Payment Option (FPO), allowing landlords to settle the penalty at a 30% reduction, provided full payment is made within 21 days of receiving the Civil Penalty Notice. This option is available only to landlords receiving a penalty for the first time.

Objecting to the penalty

Landlords have 28 days from the due date specified in the Civil Penalty Notice to submit a written objection.

Objections must be supported by evidence and must rely on one or more of the following grounds:

• The landlord is not liable for the penalty (e.g. they were incorrectly identified as letting property to an individual without lawful immigration status).
• The landlord has a statutory excuse, having conducted a prescribed right to rent check in accordance with Home Office guidance.
• The penalty amount is excessive, potentially due to a miscalculation by the Home Office.

Following submission, the Home Office will issue an Objection Outcome Notice, confirming whether the penalty will be cancelled, reduced, or upheld.

Importantly, landlords who submit an objection before the deadline remain eligible for the Faster Payment Option (FPO), allowing for a reduced penalty if paid within the specified timeframe. This option is available only to landlords receiving a penalty for the first time.

Appealing against the penalty

If the penalty is upheld following the objection process, the landlord may appeal to the County Court. Appeals must be submitted within 28 days of the date on the Objection Outcome Notice or any revised Civil Penalty Notice.

Appeals may only be made on the same grounds available for objection.

Landlords who are unable to pay a civil penalty in full may request permission from the Home Office to settle the amount in instalments over an agreed period – typically up to 24 months.

To support the request, landlords must provide clear reasons for their inability to make a single payment, for example submitting evidence demonstrating financial hardship or other relevant circumstances.

Our Immigration team is experienced in advising both organisations and individuals facing civil penalties issued by the Home Office. We prepare robust representations, assess statutory defences, and guide clients through complex enforcement processes with clarity and precision.

Whether you are seeking to challenge a penalty, mitigate its impact, or ensure future compliance, we deliver tailored, outcome-focused support that protects your interests and helps you move forward with confidence.