Mitigating and aggravating factors considered – Renters' Rights Act Policy consultation
Consultation starts: Wednesday, 4 March 2026
Consultation ends: Tuesday, 31 March 2026
When deciding the final amount of a fine, we look at anything that makes the offence more serious (aggravating factors) or less serious (mitigating factors). These factors help us make sure fines are fair and proportionate.
Mitigating factors (things that may reduce the penalty) - they may reduce the penalty by up to 20% but do not cancel it.
Examples include:
- fixing the problem quickly
- cooperating fully with the Council – providing all information when asked, responding quickly to letters or emails, attending meetings
- admitting the problem - do not try to delay or deny the issue
- genuine financial hardship (with evidence) - only considered if the landlord provides clear financial proof with evidence
- low risk of reoffending - has a good history and the issue is out of character and unlikely to happen again
- steps taken before we intervened - has already tried to resolve the issue and had clear systems in place, but the breach was accidental
Important: Using a managing or letting agent, or relying on an agent’s actions or mistakes, does not in itself amount to diminished responsibility.
Aggravating factors (things that make the penalty higher) – we can increase a fine by up to 20% if aggravating factors are present.
Examples include:
- previous problems – examples include having previous prosecutions, fines, repayment orders, works done in default and previous cautions
- not cooperating – examples may include not providing information when asked, not replying to letters, missing meetings that were agreed, not responding to requests for information
- deliberate or careless behaviour – examples are knowing a breach was happening, continuing after being told to stop, trying to avoid being caught, giving false information, pressurising tenants not to speak to us
- how many people the breach affected – for example, 3 to 5 people
- how long the problem lasted – an example may be the issue continued for 3 to 6 months
- vulnerable tenants affected – examples may include children, young people or older adults, those with disabilities, victims of domestic abuse, people with complex health needs, those who don’t speak English as a first language, refugees or asylum seekers or pregnant women