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Fail to comply with an Improvement Notice or Prohibition Order

s.30(1) & s.32(1) Housing Act 2004 · Magistrates

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Sentencing framework

The guideline structures sentencing by categorizing the offence based on the offender's culpability and the harm caused. Factors such as previous convictions and serious risks to tenants can aggravate sentences, while lack of prior offences and steps taken to comply with regulations can mitigate them. The starting point for fines varies with the classification of the offence.

Maximum sentence

Unlimited fine

Court

Magistrates

Starting point

Conditional discharge

Offence range

Conditional discharge – Band F fine

Aggravating factors

  • ·Previous convictions
  • ·Offence committed whilst on bail
  • ·Offence motivated by hostility based on characteristics of the victim
  • ·Poor record of compliance with regulations
  • ·Failure to respond to warnings

Mitigating factors

  • ·No previous convictions
  • ·Positive character and/or exemplary conduct
  • ·Remorse
  • ·Steps taken voluntarily to remedy problem
  • ·Cooperation with the investigation

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

  1. Step 1 — Determining the offence category
  2. Step 2 — Starting point and category range
  3. Step 3 — Compensation and confiscation
  4. Step 4 — Ensure the combination of financial orders removes any economic benefit derived from the offending
  5. Step 5 — Consider any factors which indicate a reduction for assistance to the prosecution
  6. Step 6 — Reduction for guilty pleas
  7. Step 7 — Totality principle
  8. Step 8 — Ancillary orders
  9. Step 9 — Reasons

Guideline notes

  • Note: an additional fine not exceeding £20 may be imposed where an offender has been convicted of failing to comply with a Prohibition Order (section 32(1)) for each day, or part of a day, that they continue to use the specified premises, or permit them to be used.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.