PART 7Enforcement

Penalties under Housing Act 200441.

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the penalty charge notice has not been withdrawn or quashed in accordance with the provisions of Schedule 8 to that Act.