Folkestone & Hythe landlords face fines up to £40,000 under new council housing enforcement policy

Folkestone & Hythe District Council has adopted a new civil penalty policy giving it stronger powers to fine private landlords and letting agents for housing offences, in line with the Renters’ Rights Act 2025.

Private renters in Folkestone, Hythe, Cheriton and across the district could see faster action against bad landlords under rules the council posted this week. The policy sets out exactly how Folkestone & Hythe District Council will use financial penalties — rather than full criminal prosecution — to tackle offences ranging from unlawful eviction to rent bidding and discrimination in lettings.

The scale of the fines is considerable. Serious offences — including unlawfully evicting a tenant or harassing them out of their home — carry a maximum penalty of £40,000 per case, up from a previous ceiling of £30,000 for certain existing housing offences. That increase takes effect from 1 May 2026. A second tier covers lower-level breaches, such as failing to hand over required tenancy paperwork or discriminating against tenants on benefits or with children, where fines can reach £7,000. From 22 June 2026, the council can also penalise landlords who relet or remarket a property too quickly after using specific possession grounds to end a tenancy — a protection designed to stop the rules being gamed.

What the council says the policy does

According to the council, the policy gives officers a structured, proportionate way to respond to poor practice without needing a criminal court in every case. Civil penalties — essentially financial fines imposed directly by the council rather than a judge — can be quicker and more targeted than prosecution. Before issuing any fine, the council must be satisfied of a breach or offence beyond reasonable doubt, the same standard used in criminal cases. National guidance requires councils to publish how they set penalty levels, and the Folkestone & Hythe policy follows a system of starting points adjusted for aggravating or mitigating factors — so a landlord’s previous record, the vulnerability of the tenant affected, and whether the breach was deliberate all feed into the final figure. For unlawful eviction and harassment, the national guidance puts the starting point at around £35,000, close to the £40,000 ceiling.

Concerns raised about the approach

Not everyone is convinced the policy is watertight. Local civic commentary, including from Shepway Vox, has suggested that parts of Folkestone & Hythe’s approach to Renters’ Rights enforcement risk misreading the legislation, raising questions about whether some provisions would hold up if challenged. There are also concerns from smaller landlords — sometimes called accidental landlords, people who ended up renting out a property rather than choosing it as a business — that the combination of higher penalties and more complex compliance requirements under the Renters’ Rights Act 2025 could push them out of the market altogether, reducing the number of homes available to rent in the district. Critics have also questioned whether the council has the officer capacity to run a detailed civil penalty framework consistently alongside its other housing priorities.

What the policy covers

The rules sit alongside a broader set of enforcement tools the council already holds — improvement notices, prohibition orders, licensing controls under the Housing Act 2004, and rent repayment orders, which allow tenants to reclaim rent paid during a period of serious non-compliance. The new policy adds the Renters’ Rights Act 2025 powers on top of those existing arrangements, replacing parts of the council’s earlier Private Sector Housing Enforcement Policy, which dated from 21 January 2021. Prohibited practices now covered include rent bidding — where landlords or agents invite tenants to offer above the advertised rent — and taking prohibited rent in advance.

What tenants and landlords should do now

Tenants who believe they have experienced unlawful eviction, harassment, discrimination or other housing-related breaches can report these to Folkestone & Hythe District Council for investigation. The council can then decide whether to issue a civil penalty, pursue prosecution, or use another enforcement tool. Landlords and letting agents operating in the district — particularly those with properties in parts of central Folkestone, Cheriton and Hythe town centre, where private renting is more common — are advised to review their tenancy documents and letting procedures before the new powers come fully into force.

Key information

• Maximum fine for serious housing offences (including unlawful eviction and harassment): £40,000
• Maximum fine for lower-level breaches (such as information failures or letting discrimination): £7,000
• Increased maximum penalties for certain existing housing offences take effect: 1 May 2026
• New breach-level civil penalties under the Renters’ Rights Act 2025 take effect in Folkestone & Hythe: 22 June 2026