Enforcement

12Offences

1

A person commits an offence if—

a

the person breaches section 1 or 2,

b

a relevant penalty has been imposed on the person in respect of a different breach of the same section and the final notice imposing the penalty has not been withdrawn, or the person has been convicted of an offence in respect of such a breach, and

c

the breach mentioned in paragraph (a) occurs within the period of five years beginning with the day on which the relevant penalty was imposed or the person was convicted.

2

For the purposes of subsection (1)(c) a relevant penalty is imposed on the date specified in the final notice in respect of that penalty as the date on which it is served.

3

A person guilty of an offence under this section is liable on summary conviction to a fine.

4

A person may not be convicted of an offence under this section in respect of the breach mentioned in subsection (1)(a) if a financial penalty has been imposed under section 8 in respect of that breach.

5

In this section “relevant penalty” means a financial penalty which is imposed under section 8 where—

a

the period for bringing an appeal against the penalty under paragraph 6 of Schedule 3 has expired without an appeal being brought,

b

an appeal against the financial penalty under that paragraph has been withdrawn or abandoned, or

c

the final notice imposing the penalty has been confirmed or varied on appeal.

6

In section 14 of the Housing and Planning Act 2016, after subsection (4) insert—

5

An offence under section 12 of the Tenant Fees Act 2019 is also a banning order offence for the purposes of this Part.