A new Sentencing Council consultation suggests that current levels of imprisonment for these offences are falling short.
Lady Justice May in charge of the Council, said: “Housing offences such as unlawful eviction can have a devastating impact.
“There is currently limited guidance for courts on sentencing for these offences; consequently, a risk of inconsistency in how such offences are sentenced across the country.”
She also said: “While the number of defendants sentenced for these offences is currently low, it is important that the courts approach sentencing with clarity and consistency.”
The consultation has opened and invites views from anyone involved in criminal justice or the private rented sector, including landlords, tenants, councils, lawyers and members of the public and closes on April 9th.
Feedback will influence future sentencing for housing-related offences committed by individuals or organisations.
The draft framework sets out distinct guidance for people and companies, spanning nine unlawful eviction and harassment offences, along with HMO and housing standards breaches.
The move follows growing alarm over the lack of effective enforcement against criminal landlords, highlighted in new findings from the University of York.
Researchers reported that councils and police forces often fight hard to take decisive action against repeat offenders operating at the edges of the private rented sector.
The study noted that civil penalties can be imposed quickly, but criminal prosecutions are slow, under-resourced and frequently lead to only minimal punishment.
And some courts issued fines of just £100 for illegal eviction.
The research also found that, over the past decade, fewer than 40 landlords have been made subject to banning orders under the Housing and Planning Act 2016.
The report says councils repeatedly flagged landlords linked to dangerous housing conditions, harassment and unlawful eviction, but struggled to remove them from the market for good.
It also documents cases where police, hampered by unclear processes and poor coordination, inadvertently helped facilitate unlawful evictions.
Dr Julie Rugg, from the University of York’s School for Business and Society, said: “The deterrent for these crimes are so weak that criminality, such as rent-to-rent scams, slum rentals, cannabis farms, and money laundering have become embedded in the rental system.
“Stronger and consistent collaboration between agencies can stop this cycle, but local authorities and the police lack resources to investigate and skills to prosecute.”