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Paragraph 3 Time limits for serving notice of intentI1I2I3

England and Wales

(1)

A notice of intent may not be served in respect of a breach of section 3(1) after the earlier of the following—

(a)

the end of the period of 6 years beginning with the day the breach occurs, and

(b)

the end of the period of 6 months beginning with the day on which evidence comes to the knowledge of the enforcement authority which the authority considers sufficient to justify serving the notice.

(2)

For the purposes of sub-paragraph (1)(a), a breach of section 3(1) occurs—

(a)

where the breach arises as a result of a request for a payment of a prohibited rent as mentioned in section 3(2)(a) (whether or not a payment is made), on the day of the request;

(b)

where the breach arises as a result of a failure to refund a payment of a prohibited rent as mentioned in section 3(2)(b) in a case where no request for the payment was made, at the end of the period of 28 days beginning with the day after receipt of the payment.

Annotations

Commencement

I1

Sch. para. 3 not in force at Royal Assent, see s. 25(2)

I2

Sch. para. 3 in force at 30.6.2022 for specified purposes by S.I. 2022/694, reg. 3

I3

Sch. para. 3 in force at 1.4.2023 in so far as not already in force by S.I. 2022/694, reg. 4