Consumer Rights Bill (HL Bill 52)

Section 85

SCHEDULE 9 Duty of letting agents to publicise fees: financial penalties

Notice of intent

1 (1) Before imposing a financial penalty on a letting agent for a breach of a duty
5imposed by or under section 81, a local weights and measures authority
must serve a notice on the agent of its proposal to do so (a “notice of intent”).

(2) The notice of intent must be served before the end of the period of 6 months
beginning with the first day on which the authority has sufficient evidence
of the agent’s breach, subject to sub-paragraph (3).

(3) 10If the agent is in breach of the duty on that day, and the breach continues
beyond the end of that day, the notice of intent may be served—

(a) at any time when the breach is continuing, or

(b) within the period of 6 months beginning with the last day on which
the breach occurs.

(4) 15The notice of intent must set out—

(a) the amount of the proposed financial penalty,

(b) the reasons for proposing to impose the penalty, and

(c) information about the right to make representations under
paragraph 2.

20Right to make representations

2 The letting agent may, within the period of 28 days beginning with the day
after that on which the notice of intent was sent, make written
representations to the local weights and measures authority about the
proposal to impose a financial penalty on the agent.

25Final notice

3 (1) After the end of the period mentioned in paragraph 2 the local weights and
measures authority must—

(a) decide whether to impose a financial penalty on the letting agent,
and

(b) 30if it decides to do so, decide the amount of the penalty.

(2) If the authority decides to impose a financial penalty on the agent, it must
serve a notice on the agent (a “final notice”) imposing that penalty.

(3) 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 sent.

(4) 35The final notice must set out—

(a) the amount of the financial penalty,

(b) the reasons for imposing the penalty,

(c) information about how to pay the penalty,

(d) the period for payment of the penalty,

(e) 40information about rights of appeal, and

(f) the consequences of failure to comply with the notice.

Withdrawal or amendment of notice

4 (1) A local weights and measures authority may at any time—

(a) withdraw a notice of intent or final notice, or

(b) reduce the amount specified in a notice of intent or final notice.

(2) 5The power in sub-paragraph (1) is to be exercised by giving notice in writing
to the letting agent on whom the notice was served.

Appeals

5 (1) A letting agent on whom a final notice is served may appeal against that
notice to—

(a) 10the First-tier Tribunal, in the case of a notice served by a local weights
and measures authority in England, or

(b) the residential property tribunal, in the case of a notice served by a
local weights and measures authority in Wales.

(2) The grounds for an appeal under this paragraph are that—

(a) 15the decision to impose a financial penalty was based on an error of
fact,

(b) the decision was wrong in law,

(c) the amount of the financial penalty is unreasonable, or

(d) the decision was unreasonable for any other reason.

(3) 20An appeal under this paragraph to the residential property tribunal must be
brought within the period of 28 days beginning with the day after that on
which the final notice was sent.

(4) If a letting agent appeals under this paragraph, the final notice is suspended
until the appeal is finally determined or withdrawn.

(5) 25On an appeal under this paragraph the First-tier Tribunal or (as the case may
be) the residential property tribunal may quash, confirm or vary the final
notice.

(6) The final notice may not be varied under sub-paragraph (5) so as to make it
impose a financial penalty of more than £5,000.

30Recovery of financial penalty

6 (1) This paragraph applies if a letting agent does not pay the whole or any part
of a financial penalty which, in accordance with this Schedule, the agent is
liable to pay.

(2) The local weights and measures authority which imposed the financial
35penalty may recover the penalty or part 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 local weights and measures
40authority which imposed the 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) A local weights and measures authority may use the proceeds of a financial
penalty for the purposes of any of its functions (whether or not the function
5is expressed to be a function of a local weights and measures authority).

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