PACE Interview? You're Under Investigation - A Landlord's Guide
Updated October 2026
"You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."
- Paragraph 10.4 Code of Practice C, Police and Criminal Evidence Act 1984
We've all heard those words from an arresting officer on TV, but if you're being cautioned by the Council for housing offences then you could be in genuinely hot water. PACE (Police and Criminal Evidence) interviews are not something to take lightly. If you're suspected of a criminal offence, you must be cautioned before any questions about that offence are put to you. The caution opens the formal evidence-gathering process. Anything you say - or don't say - can be used against you in court.
Here are the important things to know if you're asked to attend a PACE interview.
The stakes have never been higher
When you hear the caution from a Council officer, you need to understand you're heading into very deep and dangerous territory. There is no such thing as a 'minor' housing offence. A conviction can have a significant impact on your life, financially, professionally and personally.
A criminal conviction for a housing offence can lead to:
An unlimited fine on summary conviction in the Magistrates' Court or Crown Court.
A custodial sentence for certain offences.
A Banning Order under the Housing and Planning Act 2016, stopping you from letting property, engaging in letting agency work or acting as a managing agent.
Entry on the Database of Rogue Landlords and Letting Agents.
A Rent Repayment Order running up to 24 months of rent (extended from 12 months under the Renters' Rights Act 2025).
Serious reputational damage affecting mortgage applications, insurance, future licensing applications and professional standing.
What housing offences can trigger a PACE interview?
Local authorities use PACE interviews to investigate a wide range of housing offences. The most common include:
Operating an unlicensed HMO under section 72 of the Housing Act 2004.
Breaches of the HMO Management Regulations 2006 (for standard HMOs) or 2007 (for s.257 HMOs).
Operating an unlicensed property under section 95 of the Housing Act 2004 (selective licensing).
Failing to comply with an Improvement Notice or Prohibition Order under Part 1 of the Housing Act 2004.
The new section 6A offence under the Housing Act 2004 (as amended by the Renters' Rights Act 2025), failure to comply with action required under an improvement notice (carrying a £7,000 penalty).
Providing false or misleading information in a licence application.
Breach of a Banning Order under the Housing and Planning Act 2016.
PACE interview or civil penalty? The two enforcement routes
Since April 2017, local authorities have had a choice when dealing with housing offences:
Prosecute in the Magistrates' Court or Crown Court, the criminal route, which requires a PACE interview as part of the evidence-gathering.
Impose a civil penalty of up to £40,000 under section 249A of the Housing Act 2004, raised from £30,000 by the Renters' Rights Act 2025.
The civil penalty route does not require a PACE interview, but local authorities will often conduct a PACE interview first and then decide which route to take. The evidence gathered under PACE can be used for either prosecution or civil penalty proceedings.
Importantly, civil penalties are described in case law as 'quasi-criminal'. Even though they are imposed by the local authority rather than a court, they still have to be proved to the criminal standard, beyond reasonable doubt. So the evidence standards are the same whichever route the authority takes.
This matters because anything you say in a PACE interview can be used to support a civil penalty just as it can support a prosecution.
The Local Authority means business
If you are being cautioned, the authority either:
Suspects you have committed a criminal offence but believes it has insufficient evidence to prosecute without hearing from you, or
Wishes to raise its concerns formally and determine the appropriate next step, typically weighing prosecution against a civil penalty or a less severe response
Either way, this is a serious step. Councils do not conduct PACE interviews casually. If you have been invited to one, you are the subject of an active investigation.
Your invitation to a PACE interview is voluntary
Whether in person or in writing, your attendance at a PACE interview is voluntary. You are not under arrest. You cannot be forced to attend or respond.
But the decision whether to attend, and if so, what to say, depends heavily on your circumstances. The Council suspects you have committed a criminal offence and is looking to prosecute or penalise you — but may not yet have the evidence to do so. What you say, or don't say, can tip that balance either way.
For this reason, you must take legal advice before deciding whether to attend or respond to a PACE questionnaire.
Written PACE interviews
An increasing number of local authorities now conduct PACE interviews by written questionnaire rather than in person. They send out a list of questions, often with supporting documents and exhibits, and give you a deadline to respond in writing.
Written PACE interviews feel less confrontational than sitting in a room with an officer, but don't be fooled. Your written answers carry exactly the same evidential weight as spoken answers given in person. In some ways written responses are more dangerous, because your words are on the page in black and white, with no opportunity to add context or clarify.
The right-to-silence protection still applies. You do not have to answer. But the same warning applies, a court may draw an adverse inference from your silence if you later rely on something at trial that you could reasonably have been expected to mention at interview.
Your rights in a PACE interview
You have the right to legal representation. Tell the interviewer if you want a solicitor or professional adviser to help you. Unlike at a police station, you will not be entitled to a free duty solicitor — you'll need to arrange this yourself.
You have the right to see the Codes of Practice. These set out what the interviewer can and cannot do.
You have the right to silence, but with the caveat that failing to mention something you later rely on in court may harm your defence.
The interviewer must tell you what offence they suspect you of and why they wish to interview you.
If you need an interpreter, the interviewer must arrange one. Certain documents can also be translated.
If you are not a British citizen, you can ask to contact your embassy or consulate.
If your case goes to court, you or your solicitor have the right to see the prosecution evidence before the hearing.
If you are unsure about any of your rights, ask the interviewer to explain.
After the interview, what happens next
Following a PACE interview, the local authority will consider the evidence as a whole and decide how to proceed. The possible outcomes include:
No further action, if the evidence doesn't support prosecution or a civil penalty.
A formal warning.
A civil penalty of up to £40,000 per offence under section 249A.
Prosecution in the Magistrates' Court or Crown Court.
Referral for an application for a Banning Order.
You will not usually be told the outcome immediately. The authority may take weeks or months to decide. If a civil penalty is proposed, you will be served with a Notice of Intent and have 28 days to make written representations before a Final Notice is issued.
If a Final Notice is issued, you have a further 28 days to appeal to the First-tier Tribunal (Property Chamber). This is where the witness statements, exhibits and the PACE interview record all come back into play.
Remember
You are not under arrest and you do not have to consent to being interviewed.
Before the interviewer asks you to consent, you must be told about your rights, entitlements and the safeguards that apply to the interview.
You are free to leave at any time unless you are arrested. If consent to continue is required and you withdraw it, the interviewer must stop.
Nothing is 'off the record'. Anything you say, before, during or after the formal interview, can potentially be used in evidence.
Time matters in PACE cases. If you have an interview date or a written PACE deadline, get in touch immediately.
