Schedules
Schedule 2Leasehold houses: financial penalties
1Notice of intent
1
Before imposing a financial penalty on a person under section 18, an enforcement authority must give the person notice of its proposal to do so (a “notice of intent”).
2
A notice of intent must set out—
a
the date on which it is given,
b
the amount of the proposed penalty,
c
the reasons for proposing to impose the penalty, and
d
information about the right to make representations under paragraph 3.
2Time limits for notice of intent
1
A notice of intent may not be given to a person in respect of a breach of a leasehold house restriction after the earlier of the following—
a
the end of the period of 6 years beginning with the day the breach occurs, and
b
the end of the period of 6 months beginning with the day on which evidence comes to the knowledge of the enforcement authority which the authority considers sufficient to justify giving the notice.
2
For the purposes of sub-paragraph (1)(a)—
a
a breach of section 1(1) or 10(1) occurs on the day the lease is granted or (as the case may be) the agreement is entered into (or, in the case of a breach of either of those provisions consisting of entering into an agreement to grant a lease and subsequently granting it, the day on which the agreement is entered into);
b
a breach of section 1(2) occurs on the day of the assignment or (as the case may be) the agreement is entered into (or, in the case of a breach of that provision consisting of entering into an agreement to assign a lease and subsequently assigning it, the day on which the agreement is entered into);
3Right to make written representations
A person who is given a notice of intent may, within the period of 28 days beginning with the day on which the notice is given, make written representations about the proposal.
4Final notice
1
After the period allowed for representations has expired, the enforcement authority must—
a
decide whether to impose a penalty on the person, and
b
if it decides to do so, decide the amount of the penalty.
2
If the enforcement authority decides to impose a penalty, it must do so by giving the person a notice (a “final notice”).
3
A final notice must require the penalty to be paid before the end of the period of 28 days beginning with the day after that on which the notice is given.
4
A final notice must set out—
a
the date on which it is given,
b
the amount of the penalty,
c
the reasons for imposing the penalty,
d
information about how to pay the penalty,
e
the period for payment of the penalty,
f
information about rights of appeal, and
g
the consequences of failure to comply with the notice.
5Withdrawal or amendment of notice
An enforcement authority may at any time—
a
withdraw a notice of intent or final notice, or
b
reduce an amount specified in a notice of intent or final notice,
by giving a notice to that effect to the person to whom the notice of intent or final notice is given.
6Appeals
1
A person who is given a final notice may appeal to the appropriate tribunal against—
a
the decision to impose the penalty, or
b
the amount of the penalty.
2
An appeal must be brought before the end of the period of 28 days beginning with the day after that on which the final notice is given.
3
If an appeal is brought under this paragraph, the final notice is suspended so far as it relates to the matter which is the subject of the appeal until the appeal is finally determined or withdrawn.
4
An appeal under this paragraph—
a
is to be a re-hearing of the enforcement authority’s decision, but
b
may be determined having regard to evidence which was not available to the authority when giving the notice.
5
On an appeal under this paragraph the appropriate tribunal may quash, confirm or vary the notice.
6
If the appropriate tribunal varies the amount of the penalty imposed by the notice, the new amount must be an amount that the enforcement authority had power to impose.
7Recovery of penalty
1
A penalty is recoverable by the enforcement authority that imposed it, if the county court so orders, as if it were payable under an order of that court.
2
In proceedings before the county court for the recovery of a penalty, a certificate that—
a
is signed by the chief finance officer of the authority that imposed the penalty, and
b
states that the amount due has not been received by a date specified in the certificate,
is evidence of that fact.
3
A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.
4
In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.
Proceeds of penalties
8
An enforcement authority may apply the proceeds of a penalty towards meeting the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out its enforcement functions under this Part.
9
Any proceeds of a penalty which are not applied in accordance with paragraph 8 must be paid—
a
if the penalty was imposed in relation to a lease of a house in England, to the Secretary of State;
b
if the penalty was imposed in relation to a lease of a house in Wales, to the Welsh Ministers.
10Manner of giving notices
1
The Secretary of State may by regulations make provision about—
a
how any notice under this Schedule is to be given to a person;
b
when such a notice is to be treated as being given.
2
A statutory instrument containing regulations under this paragraph is subject to the negative procedure.