Tenant Fees Bill (HL Bill 129)

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Withdrawal or amendment of notice

5 (1) The enforcement authority may at any time—

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

(b) reduce an amount specified in a notice of intent or final notice, or

(c) 5amend a notice of intent or final notice to remove the requirement to
pay an amount which the authority required to be paid under section
10(2), (5) or (8) or 11(1).

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

10Appeals

6 (1) A person on whom a final notice is served may appeal to the First-tier
Tribunal against—

(a) the decision to impose the penalty, or

(b) the amount of the penalty.

(2) 15An appeal under this paragraph must be brought within the period that is
the relevant period in relation to the penalty by virtue of paragraph 4(4).

(3) If an appeal is brought under this paragraph, the final notice is suspended
so far as it relates to the penalty which is the subject of the appeal until the
appeal is finally determined, withdrawn or abandoned.

(4) 20An 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,
25confirm or vary the final notice.

(6) The final notice may not be varied so as to make it impose a financial penalty
of more than £5,000 unless section 8(3) applies.

(7) If section 8(3) applies, the final notice may not be varied so as to make it
impose a financial penalty of more than £30,000.

30Recovery of financial penalty

7 (1) This paragraph applies if a person who is liable to pay a financial penalty
under section 8 does not pay the whole or any part of that financial penalty
in accordance with the final notice imposing that penalty.

(2) The enforcement authority which imposed the financial penalty may
35recover 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 authority which imposed the
40penalty, and

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

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is 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
55 of the Local Government and Housing Act 1989.

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
10amount.

(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
15application 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,
20it 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
25applied 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,
30under 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
35within 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) 40For 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—

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

(b) a licence to occupy.