SCHEDULES
SCHEDULE 3Financial penalties etc
2Notice of intent
1
This paragraph applies where an enforcement authority proposes to impose a financial penalty for a breach of section 1 (prohibitions applying to landlords) or 2 (prohibitions applying to letting agents) or Schedule 2 (treatment of holding deposit).
2
Before imposing the financial penalty, the enforcement authority must serve a notice on the landlord or letting agent of its proposal to do so (a “notice of intent”).
3
The notice of intent must be served before the end of the period of 6 months beginning with the first day on which the enforcement authority has sufficient evidence of the breach, subject to sub-paragraph (4).
4
If the breach is committed on that day, and the breach continues beyond the end of that day, the notice of intent may be served—
a
at any time when the breach is continuing, or
b
within the period of 6 months beginning with the last day on which the breach occurs.
5
The notice of intent must set out—
a
the date on which the notice of intent is served,
b
the amount of the proposed financial penalty,
c
the reasons for proposing to impose the penalty, and
d
information about the right to make representations under paragraph 3.