New Clause 10 - Financial penalties

Renters (Reform) Bill – in a Public Bill Committee am 2:45 pm ar 28 Tachwedd 2023.

Danfonwch hysbysiad imi am ddadleuon fel hyn

“(1) A local housing authority may impose a financial penalty under this subsection on a person if satisfied on the balance of probabilities that the person has breached a requirement imposed by section (

(2) More than one financial penalty may be imposed under subsection (1) on the same person in respect of the same conduct only if—

(a) the conduct continues after the end of 28 days beginning with the day after that on which the previous penalty in respect of the conduct was imposed on the person, unless the person appeals against the decision to impose the penalty within that period, or

(b) if the person appeals against the decision to impose the penalty within that period, the conduct continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned.

(3) Where a person applies a single provision, criterion or practice on more than one occasion in relation to the same dwelling, each application of that provision, criterion or practice is to be treated as the same conduct for the purposes of subsection (2).

(4) If—

(a) the local housing authority imposes a financial penalty under subsection (1) on a person, and

(b) within the period of five years ending with the date on which that penalty was imposed, a previous financial penalty under subsection (1) was imposed on that person in relation to a breach of the same section,

then the local housing authority may impose an additional financial penalty under this subsection on that person.

(5) The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £5,000.

(6) Neither subsection (2) nor subsection (4) enables a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.

(7) Where—

(a) a local housing authority is satisfied as mentioned in subsection (1) in relation to two or more persons, and

(b) the breaches in relation to which the local housing authority is so satisfied arise from the same conduct by one or more of the persons acting on behalf of the others,

the local housing authority may impose a financial penalty under that subsection on the persons (or some of them) jointly, and if the local housing authority does so, the persons on whom the penalty is imposed are jointly and severally liable to pay it.

(8) The Secretary of State may give guidance to local housing authorities about the exercise of their functions under this section.

(9) Local housing authorities must have regard to any guidance issued under subsection (8).

(10) The Secretary of State may by regulations amend the amount specified in subsection (5) to reflect changes in the value of money.

(11) For the purposes of this section—

(a) a financial penalty is imposed under this section on the date specified in the final notice as the date on which the notice is given, and

(b) ‘final notice’ has the meaning given by paragraph 6 of Schedule 3.”—

This new clause makes provision for the enforcement of NC8 and NC9 by the imposition of financial penalties. See the explanatory statement relating to those amendments for more information.

Brought up, read the First and Second time, and added to the Bill.