Part 7Supplementary and final provisions

F1Financial penalties as alternative to prosecution

Annotations:
Amendments (Textual)
F1

S. 249A and cross-heading inserted (10.3.2017 for specified purposes, 6.4.2017 in so far as not already in force) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 9 para. 7; S.I. 2017/281, regs. 3(b), 4(f)

249AFinancial penalties for certain housing offences in England

1

The local housing authority may impose a financial penalty on a person if satisfied, beyond reasonable doubt, that the person's conduct amounts to a relevant housing offence in respect of premises in England.

2

In this section “relevant housing offence” means an offence under—

a

section 30 (failure to comply with improvement notice),

b

section 72 (licensing of HMOs),

c

section 95 (licensing of houses under Part 3),

d

section 139(7) (failure to comply with overcrowding notice), or

e

section 234 (management regulations in respect of HMOs).

3

Only one financial penalty under this section may be imposed on a person in respect of the same conduct.

4

The amount of a financial penalty imposed under this section is to be determined by the local housing authority, but must not be more than £30,000.

5

The local housing authority may not impose a financial penalty in respect of any conduct amounting to a relevant housing offence if—

a

the person has been convicted of the offence in respect of that 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.

6

Schedule 13A deals with—

a

the procedure for imposing financial penalties,

b

appeals against financial penalties,

c

enforcement of financial penalties, and

d

guidance in respect of financial penalties.

7

The Secretary of State may by regulations make provision about how local housing authorities are to deal with financial penalties recovered.

8

The Secretary of State may by regulations amend the amount specified in subsection (4) to reflect changes in the value of money.

9

For the purposes of this section a person's conduct includes a failure to act.