SCHEDULES

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

Notice of intent

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1

Before imposing a financial penalty on a letting agent for a breach of a duty imposed by or under section 83, 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

If 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

The 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.