Tenant Fees Bill (HC Bill 203)

Tenant Fees BillPage 30

Recovery of prohibited payment etc

8 (1) This paragraph applies if a person who is liable to pay an amount under
section 10(2), (5) or (8) or section 11(1) does not pay the whole or any part of
that amount in accordance with the final notice requiring payment of that
5amount.

(2) The relevant person may recover that amount or part on the order of the
county court as if it were payable under an order of that court.

Assistance to recover prohibited payment etc

9 (1) An enforcement authority may help a relevant person to make an
10application under paragraph 8(2).

(2) An enforcement authority may, for example, help the relevant person to
apply by conducting proceedings or by giving advice to the relevant person.

Proceeds of financial penalties

10 Where an enforcement authority imposes a financial penalty under this Act,
15it 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 this Act or otherwise in relation to the
private rented sector.

11 Any proceeds of a financial penalty imposed under this Act which are not
20applied in accordance with paragraph 10 must be paid to the Secretary of
State.

12 (1) In paragraph 10, “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,
25under 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 person carrying on English letting agency work
30within the meaning of section 54 of the Housing and Planning Act
2016 in relation to such premises, or

(e) 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) 35For the purposes of this paragraph “residential premises” has the meaning
given by section 1 of the Housing Act 2004 except that it does not include
social housing.

(3) For the purposes of this paragraph, “tenancy” means—

(a) a tenancy, whether or not the tenancy is an assured shorthold
40tenancy, or

(b) a licence to occupy.