PART 2Rogue landlords and property agents in England
CHAPTER 2Banning orders
Consequences of banning order, including consequences of breach
23Financial penalty for breach of banning order
I21
The responsible local housing authority may impose a financial penalty on a person if satisfied, beyond reasonable doubt, that the person's conduct amounts to an offence under section 21(1).
I22
In this section “responsible local housing authority” means the local housing authority for the area in which the housing to which the conduct relates is situated.
I23
Only one financial penalty under this section may be imposed in respect of the same conduct unless subsection (4) allows another penalty to be imposed.
I24
If a breach continues for more than 6 months, a financial penalty may be imposed for each additional 6 month period for the whole or part of which the breach continues.
I25
The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £30,000.
I26
The responsible local housing authority may not impose a financial penalty in respect of any conduct amounting to an offence under section 21(1) if—
a
the person has been convicted of an offence under that section in respect of the conduct, or
b
criminal proceedings for the offence have been instituted against the person in respect of the conduct and the proceedings have not been concluded.
I27
Schedule 1 deals with—
a
the procedure for imposing financial penalties,
b
appeals against financial penalties, and
c
enforcement of financial penalties.
I18
The Secretary of State may by regulations make provision about how local housing authorities are to deal with financial penalties recovered.
I29
The Secretary of State may by regulations amend the amount specified in subsection (5) to reflect changes in the value of money.
I210
A local housing authority must have regard to any guidance given by the Secretary of State about the exercise of its functions under this section or Schedule 1.