Paragraph 34 I1I2

Before Schedule 1 insert—

“Schedule A1

Procedure and appeals relating to financial penalties under section 6A

Section 6A

Notice of intent

1

Before imposing a financial penalty on a person under section 6A a local housing authority must give the person notice of the authority’s proposal to do so (a “notice of intent”).

2

The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has evidence sufficient to require it to take the appropriate enforcement action under section 5(1) in relation to—

(a)

the existence of the category 1 hazard, or

(b)

the failure to meet the type 1 requirement.

3

The notice of intent must set out—

(a)

the date on which the notice of intent is given,

(b)

the amount of the proposed financial penalty,

(c)

the reasons for proposing to impose the penalty,

(d)

information about the right to make representations under paragraph 4.

Right to make representations

4

(1)

A person who is given a notice of intent may make written representations to the authority about the proposal to impose a financial penalty.

(2)

Any representations must be made within the period of 28 days beginning with the day after the day on which the notice of intent was given (“the period for representations”).

Final notice

5

After the end of the period for representations the local housing authority must—

(a)

decide whether to impose a financial penalty on the person, and

(b)

if it decides to do so, decide the amount of the penalty.

6

If the local housing authority decides to impose a financial penalty on the person, it must give a notice to the person (a “final notice”) imposing that penalty.

7

The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given.

8

The final notice must set out—

(a)

the date on which the final notice is given,

(b)

the amount of the financial penalty,

(c)

the premises—

(i)

on which the authority considers a category 1 hazard exists;

(ii)

which the authority considers fail to meet a type 1 requirement,

(d)

the reasons for imposing the penalty,

(e)

information about how to the pay the penalty,

(f)

the period for payment of the penalty,

(g)

information about rights of appeal, and

(h)

the consequences of failure to comply with the notice.

Withdrawal or amendment of notice

9

(1)

A local housing authority may at any time—

(a)

withdraw a notice of intent or final notice, or

(b)

reduce an amount specified in a notice of intent or final notice.

(2)

The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given.

Appeals

10

(1)

A person to whom a final notice is given may appeal to the First-tier Tribunal against—

(a)

the decision to impose the penalty, or

(b)

the amount of the penalty.

(2)

An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice is given to the person.

(3)

If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined, withdrawn or abandoned.

(4)

An appeal under this paragraph—

(a)

is to be a re-hearing of the authority’s decision, but

(b)

may be determined having regard to matters of which the authority was unaware.

(5)

On an appeal under this paragraph the First-tier Tribunal may quash, confirm or vary the final notice.

(6)

The final notice may not be varied under sub-paragraph (5) so as to impose a financial penalty of more than the local housing authority could have imposed.

Recovery of financial penalty

11

(1)

This paragraph applies if a person fails to pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay.

(2)

The local housing authority which imposed the financial penalty may recover the penalty, or part of it, on the order of the county court as if it were payable under an order of that court.

(3)

In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is—

(a)

signed by the chief finance officer of the authority which imposed the financial penalty, and

(b)

states that the amount due has not been received by a date specified in the certificate,

is conclusive evidence of that fact.

(4)

A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.

(5)

In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.

Proceeds of financial penalties

12

Where a local housing authority imposes a financial penalty under section 6A, it may apply the proceeds towards meeting the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions under Part 1 of this Act, the Renters’ Rights Act 2025 or otherwise in relation to the private rented sector.

13

Any proceeds of a financial penalty imposed under section 6A which are not applied in accordance with paragraph 12 must be paid to the Secretary of State.

14

(1)

In paragraph 12, the reference to enforcement functions “in relation to the private rented sector” means enforcement functions relating to—

(a)

residential premises in England that are let, or intended to be let, under a tenancy,

(b)

the common parts of such premises,

(c)

the activities of a landlord under a tenancy of residential premises in England,

(d)

the activities of a superior landlord in relation to such a tenancy,

(e)

the activities of a person carrying on English letting agency work within the meaning of section 54 of the Housing and Planning Act 2016 in relation to such premises, or

(f)

the activities of a person carrying on English property management work within the meaning of section 55 of the Housing and Planning Act 2016 in relation to such premises.

(2)

For the purposes of this paragraph “residential premises” does not include social housing.

(3)

For the purposes of this paragraph “tenancy” includes a licence to occupy.”