Received a Notice of Intent? A Practical Guide to Civil Penalty Representations
A Notice of Intent is a formal document issued by a local housing authority informing a landlord or property agent that the council is minded to impose a civil penalty in respect of a housing offence. Since 2017, civil penalties have been the most commonly used enforcement tool in the private rented sector. In 2026 the framework was significantly expanded, with the introduction of a new £7,000 penalty for HHSRS Category 1 hazards and an uplift of the existing regime to £40,000 per offence. This guide sets out how the Notice of Intent process works, what should happen at each stage, and what representations should address.
Quick answer
You have 28 days from receipt of a Notice of Intent to make written representations to the council. This is the single most important stage in the entire process. Ignoring the Notice, responding late, or focusing on the wrong points are the most common reasons why penalties are not reduced or withdrawn where otherwise they could have been. Detailed, well-evidenced representations at this stage very often lead to a materially better outcome for all parties.
What is a Notice of Intent?
A Notice of Intent is a statutory document issued by a local housing authority under one of two civil penalty regimes:
Section 249A of the Housing Act 2004 (the wider civil penalty regime, maximum £40,000 per offence since 1 May 2026), which covers offences such as failure to licence an HMO or selective licensing property, failure to comply with an improvement notice, and breach of the HMO Management Regulations 2006
New section 6A of the Housing Act 2004 (the HHSRS-specific regime, maximum £7,000 per hazard since 22 June 2026), which applies to Category 1 hazards where the responsible person could reasonably have been expected to remove them
The Notice performs an important legal function. It is a formal statement by the council that it has concluded, to the criminal standard of proof, that an offence has been committed and is minded to impose a civil penalty. It sets in motion a process that will end either in the withdrawal of the proposed penalty, its reduction, its confirmation at the original amount, or an appeal to the First-tier Tribunal (Property Chamber).
What a Notice of Intent should contain
Both civil penalty regimes require a Notice of Intent to contain certain minimum information. Anyone who has received one should look for these elements. Anyone reviewing council process should check that they are all present.
The identity of the person against whom the penalty is proposed.
The address of the property to which the Notice relates.
The specific offence alleged, with reference to the statutory provision.
A summary of the reasons why the council considers the offence has been committed.
The amount of the proposed penalty.
The reasoning behind the proposed amount, including reference to the council's civil penalty policy.
An invitation to make written representations within 28 days.
The address to which representations should be sent.
The 28-day representation window
The 28-day representation window is a statutory right. It runs from the date of receipt of the Notice, not the date the Notice was sent or dated. Where a Notice is delivered by post, it is deemed served in accordance with the usual rules for service under the Housing Act 2004.
During this 28-day period, the recipient may make written representations to the council setting out any matters they wish the council to consider before deciding whether to issue a Final Notice, and if so, in what amount. The council is required to have regard to any representations made and is required to explain, in the Final Notice, how it has responded to the points raised.
This is not a formality. The purpose of the representation window is to give the recipient a genuine opportunity to challenge the council's conclusions, provide additional evidence, and put forward mitigating factors. Where representations are detailed, evidenced and constructive, they very often result in the withdrawal or significant reduction of the proposed penalty. Where they are absent, brief, or focused on the wrong issues, the outcome is much more likely to be a Final Notice at the original amount.
First steps after receiving a Notice of Intent
The most important thing to do in the first week after receiving a Notice is to preserve the ability to make effective representations later. That means:
Diarise the deadline immediately
28 days is short. Count from the date of receipt, not the date of the Notice. Missing the deadline forfeits the right to representations and leaves the council able to proceed directly to a Final Notice.
Do not respond immediately or informally
It is understandable to want to phone or email the officer to explain the position or dispute the allegation. The formal representation window is the proper mechanism for engagement. Any admissions or partial denials made in an unstructured phone call are difficult to withdraw later.
Request the underlying evidence
The Notice states the reasons for the proposed penalty but rarely encloses the full evidence base. Within the first week, write to the council and request:
A copy of the inspection report, photographs and any measurements.
The HHSRS scoring sheet, where applicable.
A copy of the council's civil penalty policy in force at the date of the offence.
The scoring matrix, calculation or other document used to arrive at the proposed penalty amount.
Any tenant reports, complaints or witness statements relied upon.
Any prior correspondence with the recipient.
Councils operating with transparency generally provide this material without argument.
Consider whether independent expert input is needed
For HHSRS-based Notices in particular, an independent assessment of the underlying scoring can be decisive. Category 1 hazard findings are technical, and reviewers with the appropriate training regularly identify issues with council scoring that materially affect the outcome. For HMO Management Regulations breaches, independent input on the actual condition of the property versus the alleged breach can be similarly important.
Take legal advice where the amounts are significant
Civil penalties above around £5,000 usually justify legal input. Housing solicitors with experience of the civil penalty regime can advise on the merits, the strength of the council's case, and the best route through the representation process. Legal privilege attaches to solicitor advice in a way that does not attach to other professional advice.
What good representations should address
Well-prepared representations engage constructively with the council's case rather than dismissing it. They typically cover four areas.
The alleged offence itself
Was the offence committed as alleged? For example:
For unlicensed HMO offences: is the property actually a licensable HMO under the statutory tests? Was there a pending application? Was there a Temporary Exemption Notice in force?
For failure to comply with an improvement notice: was the notice validly served? Was it complied with in substance? Were there external factors preventing compliance?
For HHSRS-based penalties: is the hazard genuinely Category 1? Is it correctly scored? Was it reasonably practicable for the responsible person to remove it?
For HMO Management Regulations breaches: was there actually a breach on the material date? Was the alleged fault a manager rather than an owner failure?
The application of the council's policy
Councils must have a published civil penalty policy and must apply it consistently. Representations should check whether the policy has been correctly applied to the case, in particular:
Has the correct offence band been selected?
Has the culpability level been correctly assessed?
Has the harm level been correctly assessed?
Have all mitigating factors been considered?
Has the calculation followed the published matrix?
Mitigating factors
Even where an offence is admitted, mitigating factors can materially reduce the penalty. Common mitigating factors include:
Absence of prior enforcement history.
Prompt remediation once the issue was identified.
Cooperation with the council's investigation.
Health, financial or other personal circumstances of the landlord.
Actions of third parties (managing agents, contractors) that were outside the landlord's reasonable control.
Steps taken to prevent recurrence.
Procedural fairness
Representations may also raise procedural issues, including whether the Notice contains the required information, whether the offence is being pursued within the statutory time limit, whether the council has followed its enforcement policy, and whether the process to date has been fair. These are proper matters to raise, but they should be part of a substantive response, not as the whole response.
Common mistakes to avoid
Some of the most common errors seen at the representation stage:
Ignoring the Notice, hoping it will go away. It will not.
Responding late. The 28-day deadline is strict.
Making informal admissions before formal representations are prepared
Focusing exclusively on procedural points while ignoring the substantive case
Providing emotional narrative without evidence
Requesting a payment plan before challenging the amount
Making general assertions about the council's conduct rather than specific, evidenced points
Failing to distinguish between the offence, the amount, and mitigating factors
The Final Notice and appeal rights
After the 28-day representation window closes, the council considers any representations and decides whether to issue a Final Notice. The Final Notice can:
Confirm the original proposed penalty.
Reduce the penalty amount.
Withdraw the penalty entirely.
Where a Final Notice is issued, the recipient has 28 days from the date of the Final Notice to appeal to the First-tier Tribunal (Property Chamber). The appeal is by way of rehearing. The Tribunal can confirm, vary or cancel the penalty.
Appealing to the Tribunal is slower, more expensive and more procedurally involved than making effective representations at the first stage. Where representations have been properly presented and considered, the number of matters going to appeal is significantly reduced. This is one of the reasons why the representation stage matters so much.
The broader context: Rent Repayment Orders and unlicensed operation
It is worth remembering that a civil penalty is not the only exposure. For unlicensed HMO or selective licensing offences in particular, tenants have an independent right to apply for a Rent Repayment Order. From 1 May 2026, the maximum recoverable period under an RRO increased from 12 months to 24 months of rent paid during the unlicensed period.
An RRO application is a separate process made by the tenant to the First-tier Tribunal and does not depend on the council issuing a civil penalty. This means that the cost exposure for landlords in unlicensed properties has increased materially since May 2026, quite apart from the civil penalty risk.
Case example
A landlord recently instructed us following receipt of a Notice of Intent proposing a civil penalty of £25,000 for failure to licence an HMO and breaches of the HMO Management Regulations. Detailed representations were prepared within the 28-day window addressing the application of the council's policy, the specific matrix scoring, the evidential basis, and mitigating factors. The council reviewed the representations and withdrew the penalty in full without needing to issue a Final Notice. This is a good example of what a proper representation process is designed to achieve, and it saved a very significant amount for a landlord who was ultimately able to remedy the underlying issues.
How Surrey Property Licensing can help
At Surrey Property Licensing, we provide independent professional support to landlords, agents and their solicitors in respect of Notices of Intent under both civil penalty regimes. Our work in this area includes:
Review of the Notice, the underlying evidence, and the council's application of its policy.
Independent HHSRS assessment and scoring review, where relevant.
Detailed written representations to the council within the 28-day window.
Advice on the strength of the underlying case and realistic prospects at each stage.
Appeal preparation for the First-tier Tribunal where necessary.
General compliance advice to help clients avoid future enforcement action.
Our background in local authority environmental health and housing enforcement means we understand how councils reach their decisions, where those decisions can be effectively challenged, and where they cannot. We give honest, straightforward advice about the strength of the position and the realistic prospects at each stage. We also work regularly with solicitors and other advisers where the wider picture requires it. Please contact us for a free initial conversation.
