(1)If there is a contravention of section 22, the Secretary of State may give the responsible landlord a notice requiring the payment of a penalty.
(2)The amount of the penalty is such an amount as the Secretary of State considers appropriate, but the amount must not exceed [F1£20,000].
(3)“Responsible landlord” means—
(a)in relation to a pre-grant contravention, the landlord who entered into the residential tenancy agreement;
(b)in relation to a post-grant contravention, the person who is the landlord under the agreement at the time of the contravention.
(4)But if there is a superior landlord in relation to the residential tenancy agreement who is responsible for the purposes of this section, the “responsible landlord” means that superior landlord (and references to the landlord in the following provisions of this Chapter are to be read accordingly).
(5)A superior landlord is “responsible for the purposes of this section” if arrangements in writing have been made in relation to the residential tenancy agreement between the landlord and the superior landlord under which the superior landlord accepts responsibility for—
(a)contraventions of section 22 generally, or
(b)contraventions of a particular description and the contravention in question is of that description.
(6)The Secretary of State may by order amend the amount for the time being specified in subsection (2).
Textual Amendments
F1Sum in s. 23(2) substituted (13.2.2024) by The Immigration Act 2014 (Residential Accommodation) (Maximum Penalty) Order 2024 (S.I. 2024/81), arts. 1(2), 2(2) (with art. 2(4))
Commencement Information
I1S. 23 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(d)
I2S. 23 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(d)
I3S. 23(6) in force at 14.12.2023 in so far as not already in force by S.I. 2023/1245, art. 2(a)