The Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations 2020

PART 5 Penalties

Penalty notices

18.—(1) An enforcement authority may serve a notice on L (a “penalty notice”) imposing a financial penalty in accordance with this Part in any case where it is satisfied that L is, or has been at any time in the 18 months preceding the date of service of the penalty notice, in breach of one or more of the following—

(a) regulation 6,

(b) regulation 17(4)(a).

(2) A penalty notice must—

(a) specify the provision of these Regulations which the enforcement authority believes L has breached,

(b) give such particulars as the enforcement authority considers necessary to identify the matters constituting the breach,

(c) specify—

(i) any action the enforcement authority requires L to take to remedy the breach, and

(ii) the period within which such action must be taken,

(d) specify the amount of any financial penalty imposed,

(e) require L to pay any financial penalty within a period specified in the notice,

(f) specify the name and address of the person to whom any financial penalty must be paid and the method by which payment may be made,

(g) state the effect of regulations 21 to 24, and

(h) specify—

(i) the name and address of the person to whom a notice requesting a review in accordance with regulation 21 may be sent (and to whom any representations relating to the review must be addressed), and

(ii) the period within which such a notice may be sent.

(3) Each of the periods specified under paragraph (2)(c) and (e) must not be less than 28 days, beginning on the day on which the penalty notice is served.

(4) Where L fails to take the action required by a penalty notice within the period specified in that penalty notice in accordance with paragraph (2)(c)(ii), the enforcement authority may issue a further penalty notice.

Breaches in relation to domestic PR property

19.—(1) The penalties set out in this regulation apply where L is, or was, the landlord of a domestic PR property.

(2) Where L has breached regulation 6 and, at the time the penalty notice is served has, or had, been in breach for less than six months, the financial penalty imposed is £500.

(3) Where L has breached regulation 6 and, at the time the penalty notice is served has, or had, been in breach for six months or more, the financial penalty imposed is £2,500.

(4) Where L has submitted false or misleading information for registration under regulation 17(2), the financial penalty imposed is £500.

(5) Where L has failed to comply with a compliance notice in breach of regulation 17(4)(a), the financial penalty imposed is a sum not exceeding £500.

(6) Where an enforcement authority imposes financial penalties on L in relation to a breach of regulation 6 in respect of a domestic PR property—

(a) under paragraph (2) or (3), and

(b) under one or both of paragraphs (4) and (5),

the total sum of the financial penalties imposed on L must not exceed £5,000.

Defence – availability of financial assistance

20.  L is not liable to a penalty charge served under regulation 18(1)(a) in respect of the letting of sub-standard domestic PR property without having made relevant energy efficiency improvements to that property if—

(a) the relevant energy efficiency improvements are identified in an energy performance certificate and its related recommendations report, and

(b) L has made an application to the Scottish Ministers for a grant or loan for the purpose of making such relevant energy efficiency improvements to the property and—

(i) the application has been refused,

(ii) the application has yet to be determined,

(iii) the application has been granted but the financial assistance to be provided by virtue of the grant or loan, as the case may be, has not yet been made available to L.

Reviews, waiving and modification of penalties

21.—(1) L may, within the period specified by virtue of regulation 18(2)(h)(ii), serve notice on the enforcement authority requesting a review of its decision to serve a penalty notice.

(2) Where L gives notice in accordance with paragraph (1), the enforcement authority must—

(a) consider any representations made by L and all other circumstances of the case,

(b) confirm or withdraw the penalty notice, and

(c) serve notice of its decision to L.

(3) If, following a review under paragraph (2), the enforcement authority—

(a) ceases to be satisfied that L committed the breach specified in the penalty notice,

(b) is satisfied that L took all reasonable steps and exercised all due diligence to avoid committing the breach specified in the penalty notice, or

(c) decides that in the circumstances of the case it was not appropriate for a penalty notice to be served on L,

the enforcement authority must serve a further notice on L withdrawing the penalty notice.

(4) A notice confirming the penalty notice must state the effect of regulations 22 to 24.

(5) Following a review under paragraph (2), the enforcement authority may—

(a) waive a penalty,

(b) allow L additional time to pay any financial penalty.