Form HO4 UK: Appeal a Housing Act Penalty (2026)

What this document is

Form HO4 is the court form used to appeal against a financial penalty imposed under section 249A of the Housing Act 2004. Section 249A gives local housing authorities the power to issue civil penalties as an alternative to criminal prosecution where they are satisfied, to the criminal standard, that a person has committed a relevant housing offence.

Those offences can include failing to comply with an improvement notice, breaching rules around the licensing of houses in multiple occupation (HMOs), ignoring an overcrowding notice, or providing false information in connection with licensing. Rather than taking the matter through the magistrates' court, the authority can impose a monetary penalty directly.

The recipient of that penalty has a right of appeal to the First-tier Tribunal (Property Chamber), and Form HO4 is the mechanism for starting that appeal. The appeal is a rehearing, meaning the tribunal can consider the matter afresh rather than simply reviewing whether the council acted reasonably. The tribunal can confirm, vary or cancel the penalty.

How to use this document

1. Check the final notice and the deadline. Before doing anything else, read the final notice of intent carefully. It sets out the offence alleged, the penalty amount, and the date from which the appeal clock starts running. Appeals against a section 249A penalty generally must be lodged within a short statutory window from the date of the final notice, so diary it immediately and do not let it slip.
2. Identify your grounds of appeal. Work out why you think the penalty is wrong. Common grounds include that the offence was not actually committed, that the evidence does not meet the criminal standard, that there were procedural failings in how the notice was served, that a statutory defence applies, or that the amount of the penalty is disproportionate given the council's own penalty policy. Write these grounds out clearly.
3. Complete Form HO4 accurately. Fill in the form with your details, the authority that issued the penalty, the date of the final notice, and a clear statement of your grounds. Attach supporting documents, such as the final notice itself, any correspondence with the council, tenancy agreements, gas safety records, licensing documents, and anything else that backs up your version of events.
4. Submit the form and pay any fee. Send the completed form to the First-tier Tribunal (Property Chamber) along with the required fee. Check gov.uk for the current fee amount, as it changes from time to time, and fee remissions may be available if you are on a low income or receive certain benefits. Keep a copy of everything you send.
5. Prepare for the hearing. The tribunal will issue directions setting out what you and the council need to do before the hearing, including exchanging evidence and witness statements. Read the directions carefully, meet every deadline, and organise your evidence so it tells a clear story. At the hearing you will have the chance to present your case and respond to the council's position.

Common questions