PART 7Enforcement

Penalties under Housing Act 2004I141

1

This regulation applies where, at the time the relevant person is subject to the duty in regulation 5, he is also subject to a duty under Part 5 of the Housing Act 2004 (“a Housing Act duty”) in relation to the same building.

2

A relevant person shall not be liable to a penalty charge notice for a breach of the duty imposed by regulation 5 in circumstances where—

a

a penalty charge notice has been given to him under section 168 of the Housing Act 2004—

i

in relation to a breach of a Housing Act duty; and

ii

that breach relates to or includes a failure to make available a valid energy performance certificate or recommendation report; and

b

the penalty charge notice has not been withdrawn or quashed in accordance with the provisions of Schedule 8 to that Act.