These are the new Grounds and must be adhered to the enth for the penalties for non compliance are harsh
SCHEDULE 1 Section 3
CHANGES TO GROUNDS FOR POSSESSION
Introductory
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1 Schedule 2
to the 1988 Act (grounds for possession of dwelling-houses let on assured
tenancies) is amended as follows.
Amendments
of Ground 1: occupation by landlord or family
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2
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For Ground 1 (excluding the italic heading)
substitute—
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“At the date
specified in the notice under section 8, the current tenancy has existed for
at least 6 months and the landlord who is seeking possession requires the
dwelling-house as the only or principal home of any of the following—
(a) the landlord;
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10
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(b)
the landlord’s spouse or civil partner or a person
with whom the landlord lives as if they were married or in a civil
partnership;
(c)
the landlord’s—
(i)
parent;
(ii)
grandparent;
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(iii)
sibling;
(iv)
child;
(v)
grandchild;
(d) a child or grandchild of a person
mentioned in paragraph
(b).
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A relationship of
the half-blood is to be treated as a relationship of the whole blood.
In the case of joint
landlords seeking possession, references to “the landlord” in this ground are
to be read as references to at least one of those joint landlords.”
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New
grounds for sale of dwelling-house
3 After Ground 1 insert—
“Ground 1A
The following conditions are met—
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(a) the landlord
who is seeking possession intends to sell the dwelling-house;
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(b)
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the assured tenancy on
which the dwelling-house is let did not come into being by virtue of any
provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent
(Agriculture) Act 1976;
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(c)
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at the date specified in the notice under
section 8, either—
(i)
the current tenancy has existed for at least 6
months, or
(ii)
a compulsory purchase order which authorises
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purchase of the
dwelling-house has become operative and the landlord intends to sell the
dwelling-house to the person authorised by the compulsory purchase order to
purchase it;
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(d)
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the landlord seeking possession is not—
(i) a non-profit registered provider of social housing,
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(ii)
a registered social landlord within the meaning of
the Housing Act 1985 (see section 5(4) and (5) of that Act),
(iii)
a housing trust, within the meaning of the Housing
Associations Act 1985, which is a charity, or
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(iv) where the
dwelling-house is social housing within the meaning of Part 2 of the Housing
and Regeneration Act 2008, a profit-making registered provider of social
housing.
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In paragraph (c)(ii), “sell” includes transfer.”
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4
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After Ground 1A (inserted by paragraph 3 of
this Schedule) insert—
“Ground
1B
The following conditions are met—
(a) the landlord
who is seeking possession intends to sell the dwelling-house;
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(b) the assured
tenancy on which the dwelling-house is let did not come into being by virtue
of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent
(Agriculture) Act 1976;
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(d)
the landlord who is seeking possession is a private
registered provider of social housing;
(e)
the assured tenancy was entered into pursuant to a
rent-to-buy agreement;
(f)
the period stated in that agreement has expired;
(g)
the landlord who is seeking possession has complied
with—
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(i)
any provision of the rent-to-buy agreement requiring
the landlord to offer the dwelling-house for sale to the tenant, and
(ii)
any requirements in the agreement about such an
offer.
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In this ground—
“market rent” includes any amount payable by way of a
service charge;
“rent-to-buy agreement” means an agreement in writing
which—
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(a)
provides for the tenant to pay rent that is no higher
than 80% of market rent, and
(b)
gives notice that the landlord intends after a period
stated in the agreement which is not less than 5 years or, for
dwelling-houses in Greater London, 10 years from the
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beginning of the
tenancy to offer the dwelling-house for sale to the tenant.”
Amendments
of Ground 2: sale by mortgagee
5 In Ground 2—
(a) in the words
before paragraph (a) omit “granted before the beginning of the tenancy”;
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(b) omit paragraph (c) (and the “and” before
it).
New
ground for possession when superior lease ends
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6
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After Ground 2 insert—
“Ground
2ZA
The landlord who is seeking possession—
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(a)
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holds the interest in the dwelling-house under a superior tenancy where—
(i) the superior
landlord has given a valid notice to terminate that tenancy, or
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(ii) the
superior tenancy is for a fixed term which will end within the period of 12
months beginning with the date of the service of the notice under section 8,
and
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(b)
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is, or, in the case of
joint landlords seeking possession, at least one of them is—
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(i)
a private registered provider of social housing,
(ii)
a tenant of the superior landlord under an
agricultural tenancy within the meaning of the Agricultural Holdings Act 1986
or a farm business
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tenancy within the
meaning of the Agricultural Tenancies Act 1995,
(iii) a person
who held the dwelling-house for the purpose of making it available for
occupation as supported accommodation, or
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(iv) a company
of which a local authority owns at least 50% of the issued share capital.”
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New ground for possession by superior landlord
7 After
Ground 2ZA (inserted by paragraph 6 of this Schedule) insert—
“Ground 2ZB
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The landlord who is
seeking possession became the landlord by virtue of section 18 no more than 6
months before the date on which the possession proceedings were commenced,
and the previous landlord under the assured tenancy was, or, in the case of
previous joint landlords, at least one of them was—
(a)
a private registered provider of
social housing,
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(b) a tenant of
the superior landlord under an agricultural tenancy within the meaning of the
Agricultural Holdings Act 1986 or a farm business tenancy within the meaning
of the Agricultural Tenancies Act 1995,
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(c)
a person who held the dwelling-house for the purpose
of making it available for occupation as supported accommodation, or
(d)
a company of which a local authority owns at least
50% of the issued share capital.”
Repeal
of Ground 3: holiday accommodation
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8
Omit Ground 3.
Amendments
of Ground 4: student accommodation
9
In Ground 4—
(a)
omit the opening words;
(b)
omit paragraph (a) (together with the final “and”);
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(c) paragraph (b) becomes an unnumbered
paragraph.
Amendment
of Ground 5: ministers of religion
10
In Ground 5 omit paragraph (a) (together with the
final “and”).
New
ground for possession for occupation by agricultural worker
11
After Ground 5 insert—
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“Ground 5A
The landlord seeking
possession requires the dwelling-house for the purpose of housing a person
who will be employed by the landlord, or in the case of joint landlords
seeking possession, by at
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least one of those
landlords, in agriculture as a seasonal or permanent employee.
For the purposes of
this ground, “agriculture” has the same meaning as in the Rent (Agriculture)
Act 1976 (see section 1 of that Act).”
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New ground for possession for occupation by person who meets employment
requirements
12 After Ground 5A (inserted by paragraph 11 of this Schedule)
insert— “Ground 5B
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The landlord seeking possession—
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(a)
is a private registered provider of social housing,
(b)
holds the dwelling-house for the purpose of
accommodating persons who meet requirements connected with their employment,
and
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(c) requires
the dwelling-house to let it under a new tenancy to a person who meets those
requirements, and the tenant in possession does not fulfil those
requirements.”
Ground
16 to be renumbered as Ground 5C and to be a mandatory ground for possession
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13 (1) Ground
16 in Part 2 of Schedule 2, together with the italic heading before it, moves
to after Ground 5B (inserted by paragraph 12 of this Schedule) and becomes
Ground 5C in Part 1 of that Schedule.
(2) For the first paragraph of the new Ground 5C
substitute—
“The dwelling-house was
let to the tenant in consequence of the tenant’s employment—
(a)
by the landlord seeking possession,
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(b)
in the case of joint landlords seeking possession, by
at least one of them,
(c)
by a previous landlord under the tenancy, or
(d)
pursuant to an agreement between any of those
landlords and the employer,
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and either—
(a)
the tenant has ceased to be in that employment, or
(b)
the tenancy was granted for the purpose of providing
the tenant with accommodation during the early period of their
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employment, that
purpose has been fulfilled and the landlord seeking possession intends to let
the dwelling-house to another current or future employee of the employer.
In this ground,
“the employer” means the tenant’s employer at the time the tenant entered the
tenancy.”
(3) In the italic heading, for “16” substitute “5C”.
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New
ground for possession for end of employment requirements
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14
After Ground 5C (as renumbered by paragraph 13 of this
Schedule) insert— “Ground 5D
The landlord seeking possession is a private registered
provider of social housing, the tenancy agreement includes a requirement
connected with the tenant’s employment and the tenant no longer fulfils that
requirement.”
New ground for possession for occupation as supported accommodation
15
After Ground 5D (inserted by paragraph 14 of this
Schedule) insert—
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“Ground 5E
The landlord seeking
possession requires possession of the dwelling-house to let it as supported
accommodation where— (a) the landlord holds the dwelling-house for the
purpose of
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making it available for
occupation as supported accommodation, and
(b) the
tenant did not enter the assured tenancy for the purpose of receiving care,
support or supervision at the dwelling-house.”
New
grounds for possession of dwelling-house occupied as supported accommodation
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16 (1) After Ground 5E (inserted by paragraph 15 of this
Schedule) insert—
“Ground 5F
The dwelling-house was
supported accommodation when the tenancy was granted and any of the following
applies—
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(a)
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the tenancy was granted
for the purpose of providing the tenant with support services for a limited
time in order to enable the tenant to be able to live in other accommodation
in the future and the period for which those support services were to be provided
has ended;
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(b)
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a person other than the landlord provides or provided support services
to the tenant, but—
(i) the support
services have come to an end or the person is not fulfilling their
obligations under the arrangements for the provision of those services, and
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(ii) where the
dwelling-house is not managed accommodation, the landlord has used reasonable
endeavours to find another person to provide support services to the tenant
but has not been able to do so;
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(c)
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where the accommodation or support services
were funded
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wholly or partly by someone other than the
landlord or the tenant—
(i)
that funding is no longer being provided,
(ii)
where the dwelling-house is not managed
accommodation, the landlord has used reasonable
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endeavours to
identify alternative funding but has not been able to do so, and
(iii) it would not
be reasonable for the landlord to continue to provide accommodation or for
the person
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who provided support
services to continue that provision without that funding;
(d) the tenant
does not need the level of support services that are provided at the
dwelling-house;
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(e)
the tenant does not need any support services;
(f)
the support services that are provided at the
dwelling-house do not meet the tenant’s needs;
(g)
the dwelling-house has physical features intended to
enable
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persons with needs
for particular support services to live more independently than they could do
so without those features and those physical features are not needed by the
tenant;
(h) the
dwelling-house is physically unsuitable for a person with the tenant’s needs
for support services to live in.
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In this ground,
references to the “landlord” are to the landlord who is seeking possession.”
(2) After Ground 17 insert—
“Ground 18
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The tenancy is of
supported accommodation and the tenant has unreasonably refused to co-operate
with the person providing support services with regard to those services.”
New
ground for possession for tenancy granted for homelessness duty
17 After Ground 5F (inserted by
paragraph 16 of this Schedule) insert—
“Ground 5G
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The grant of the
tenancy was in pursuance of a local housing authority’s duty to the tenant
under section 193 of the Housing Act 1996 and—
(a)
the local housing authority has
notified the landlord that the
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tenancy is no longer required for the purposes of that duty,
and
(b) the date
specified in the notice under section 8 is no more than 12 months after the
date on which the local housing authority notified the landlord as mentioned
in paragraph
(a).
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In this ground “local
housing authority” has the meaning given by section 1 of the Housing Act
1985.”
Amendments
of Ground 6: redevelopment
18 (1) Ground 6 is amended as follows.
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(2) In the first
unnumbered paragraph, for the words from the beginning to “superior landlord”
substitute “A relevant landlord”.
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(3) After paragraph (a) insert—
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“(aa)
either—
(i) the
assured tenancy began at least 6 months before the date specified in the
notice under section 8, or
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(ii) a
compulsory purchase order was made authorising the landlord who is seeking
possession to purchase the dwelling-house and the dwelling-house was
transferred to that landlord within the period of one
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year ending with the
date specified in the notice under section 8, and”
(4)
Omit paragraph (b) (together with the final “and”).
(5)
Omit the unnumbered paragraph after paragraph (c).
(6)
For the final unnumbered paragraph substitute—
“For the purposes of this ground, a “relevant landlord” is—
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(a)
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if the landlord who is seeking possession
is—
(i)
a non-profit registered provider of social housing,
(ii)
a registered social landlord within the meaning of
the Housing Act 1985 (see section 5(4) and (5) of that Act),
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(iii)
a housing trust, within the meaning of the Housing
Associations Act 1985, which is a charity, or
(iv)
where the dwelling-house is social housing within the
meaning of Part 2 of the Housing and
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Regeneration Act
2008, a profit-making registered provider of social housing, a superior
landlord;
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(b)
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otherwise—
(i) the landlord who is seeking possession, or
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(ii) if the
landlord who is seeking possession is the unit-holder of a commonhold unit
comprising or containing the dwelling-house and in relation to which the
commonhold association exercises functions, a commonhold association.
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In this ground
“commonhold association”, “commonhold unit” and “unit-holder” have the
meanings given by Part 1 of the Commonhold and Leasehold Reform Act 2002 (see
sections 11 to 13 and 34 of that Act).”
New
ground for possession to allow compliance with enforcement action
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19 (1) After Ground 6 insert—
“Ground 6A
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Any of the following situations has occurred—
(a)
letting the dwelling-house causes the landlord to
breach a banning order under section 16 of the Housing and Planning Act 2016,
or would do so if the landlord were to continue to let the dwelling-house;
(b)
an improvement notice under section 11 or 12 of the
Housing 5
Act 2004—
(i)
specifies the dwelling-house or premises in which the
dwelling-house is contained as requiring remedial action, and
(ii)
specifies overcrowding as the deficiency giving rise 10 to the hazard in respect of which that
remedial action is to be taken;
(c)
a prohibition order under section 20 or 21 of the
Housing
Act 2004 prohibits use of—
(i)
the dwelling-house, 15
(ii)
the common parts, or
(iii)
any part of the dwelling-house or of the common
parts,
either for all purposes or for any purpose that is
incompatible
with
continued occupation by the tenant; 20
(d)
the dwelling-house is or is in an HMO which is required
to be licensed under section 61 of the Housing Act 2004, and— (i) the landlord
applied for a licence under section 63 of the Housing Act 2004 and the local
housing authority refused to grant a licence, or 25
(ii) the
landlord held a licence but the licence has been revoked;
(e)
the dwelling-house is or is in a house which is
required to be licensed under section 85 of the Housing Act 2004, and—
(i)
the landlord applied for a licence under section 87 30 of the Housing Act 2004 and the local
housing authority refused to grant a licence, or
(ii)
the landlord held a licence but the licence has been
revoked;
(f)
the dwelling-house is or is in an HMO which is licensed
35 under Part 2 of the Housing Act 2004 or a
house which is licensed under Part 3 of that Act and that HMO or house is
occupied by more than the maximum number of households or persons specified in
the licence.
In
this ground— 40
“common parts” has the same meaning as in Ground 13;
“house” has the same meaning as in Part 3 of the Housing
Act 2004
(see section 99 of that Act);
references to the “landlord” are to the landlord who is seeking
possession or, in the case of joint landlords seeking
possession, to 45 at least one of
them;
“local housing authority” has the
meaning given in section 261 of the Housing Act 2004.”
Amendments of Ground 7: death of tenant
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20 In Ground 7—
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(a)
in the first unnumbered paragraph—
(i) omit
the words from “is a periodic” to “England, which”; (ii) for “twelve” substitute “24”;
(b)
omit the third unnumbered paragraph.
Amendments
of Ground 8: rent arrears
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21 In Ground 8—
(a)
omit paragraphs (c) and (d);
(b)
at the end insert—
“When calculating how much rent is unpaid for the purpose
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of this ground,
if the tenant is entitled to receive an amount for housing as part of an
award of universal credit under Part 1 of the Welfare Reform Act 2012, any amount
that was unpaid only because the tenant had not yet received the payment of
that award is to be ignored.”
New
ground for possession for repeated rent arrears
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22
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After Ground 8 insert—
“Ground
8A
Within a three year
period ending with the date of service of the notice under section 8—
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(a)
if rent is payable monthly, at least two months’ rent
was unpaid for at least a day on at least three separate occasions, or
(b)
if rent is payable for a period shorter than a month,
at least eight weeks’ rent was unpaid for at least a day on at least three
separate occasions.
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For the purposes of
this ground, occasions are “separate” if in between those occasions the
amount of the unpaid rent reduced to less than the amount mentioned in
sub-paragraph (a) or sub-paragraph (b) (whichever is applicable) for at least
one day.
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When calculating how
much rent is unpaid for the purpose of this ground, if the tenant is entitled
to receive an amount for housing as part of an award of universal credit
under Part 1 of the Welfare Reform Act 2012, any amount that was unpaid only
because the tenant had not yet received the payment of that award is to be
ignored.
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For the purposes of this ground, “rent” means rent
lawfully due from the tenant.”
Amendments of Ground 14: anti-social behaviour
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23 In Ground 14, in
each of paragraphs (a) and (aa), for “likely to cause” substitute “capable of
causing”.
Power
to amend Schedule 2 and new interpretation provisions
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24
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After Part 4 of Schedule 2 to the 1988 Act
insert—
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“PART 5
INTERPRETATION
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12
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In this Schedule—
“compulsory
purchase order” has the same meaning as in the Acquisition of Land Act 1981
(see section 2 of that Act);
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“HMO” has the
same meaning as in Part 2 of the Housing Act 2004 (see section 77 of that
Act);
“housing
association” has the meaning given by section 1 of the Housing Associations
Act 1985;
“managed accommodation”
means supported accommodation—
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(a)
into which a tenant has been admitted in order to
meet a need for care, support or supervision, and
(b)
where the care, support or supervision is provided
otherwise than by the landlord or a person acting on behalf of the landlord;
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“support services” in
relation to a tenant in supported accommodation, means care, support or
supervision;
“supported accommodation” means a dwelling-house—
(a) let by—
(i)
a housing association,
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(ii)
a private registered provider of social housing,
(iii)
a registered charity, or
(iv)
a voluntary organisation, and
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(b) where a tenant
receives care, support or supervision provided either—
(i)
by the landlord or a person acting on behalf of the
landlord, or
(ii)
by someone else, if the tenant has been admitted into
the accommodation in order
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Schedule 2—Consequential
amendments relating to Chapter 1 of Part 1
to meet a need for care, support or supervision.
PART 6
POWERS TO AMEND GROUNDS 2ZA, 2ZB, 5C AND 6A AND DEFINITION
13 (1) The Secretary of State may by
regulations amend this Schedule 5 so
as to—
(a)
amend Ground 2ZA to change the descriptions of the
landlord who may use the ground;
(b)
amend Ground 2ZB to change the descriptions of previous
landlord
mentioned in it; 10
(c)
provide for Ground 5C to apply only where the landlord
seeking possession or the employer is of a particular description;
(d)
add other situations to the list in the first paragraph
of Ground 6A in which that ground may be relied on or 15
remove any situations added
by virtue
of this
sub-paragraph;
(e)
amend the definition of “supported accommodation” or
“managed accommodation” in paragraph 12.
(2)
Regulations under this paragraph may— 20
(a)
make consequential, supplementary, incidental,
transitional or saving provision;
(b)
make different provision for different purposes.
(3)
Regulations under this paragraph are to be made by
statutory
instrument.
25
(4)
A statutory instrument containing regulations under
this paragraph may not be made unless a draft of the instrument has been laid
before and approved by a resolution of each House of
Parliament.”
SCHEDULE
2 Section 20 30
CONSEQUENTIAL AMENDMENTS RELATING TO CHAPTER
1 OF
PART
1 Housing Act 1988
1
The 1988 Act is amended as follows.
2
In section 1A (application of Chapters 1, 2 and 3 of
Part 1 to dwelling in Wales), in subsection (3), after “tenancy” insert “,
without the amendments 35 made
by the Renters (Reform) Act 2023”.
3
In section 5 (security of tenure)—
Schedule 2—Consequential
amendments relating to Chapter 1 of Part 1
(a)
in subsection (1)—
(i)
in paragraph (a)(i) omit “or 21”;
(ii)
omit paragraphs (b) and (c) (but not the “or” after
them);
(iii)
in the words after paragraph (d), for “a periodic”
substitute
“an”;
5
(b)
omit subsections (2) to (7).
4
Omit section 6.
5
In section 9 (extended discretion of court in
possession claims), in subsection
(6), omit paragraph (b) and the “or” before it.
6
In section 10A (power to order transfer of tenancy in
certain cases) omit 10 subsection
(8).
7
In section 24 (assured agricultural occupancies), in
subsection (2)(a) omit “which is not an assured shorthold tenancy”.
Housing Act 1996
8
The Housing Act 1996 is amended as follows. 15
9
In section 175 (homelessness and threatened
homelessness) omit subsection
(5).
10
In section 188 (referral of case to another local
housing authority) omit subsection (1A).
11
In section 193A(4) (consequences of refusal of final
accommodation offer 20 or
final Part 6 offer at the initial relief stage)—
(a)
in paragraph (a) omit “shorthold”; (b) at the end of paragraph (a) insert
“and”; (c) omit paragraph (c) and the
“and” before it.
12
In section 195 (duties in cases of threatened
homelessness) omit subsection 25
(6).
13
In section 209 (discharge of interim duties:
arrangements with private landlord), in subsection (2), in the words after
paragraph (b), for the words from “assured shorthold tenancy” (in the first
place it occurs) to the end
substitute
“assured tenancy”. 30
14
In section 218 (index of defined expressions: Part 7),
in the entry for assured tenancy and assured shorthold tenancy, omit “and
assured shorthold tenancy”.
Renting Homes (Wales) Act 2016 (anaw 1)
15
In Schedule 12 to the Renting Homes (Wales) Act 2016— 35
(a)
in the Welsh text, after paragraph 29 insert—
“29A At ddibenion paragraffau 28 a 29, mae
Deddf Tai 1988 yn
gymwys heb y diwygiadau a wnaed gan Ddeddf Cartrefi Rhent
2023 (p. ).”;
Schedule 3—Financial
penalties
(b)
in the English text, after paragraph 29 insert—
“29A For the
purposes of paragraphs 28 and 29, the Housing Act 1988 applies without the
amendments made by the
Renters (Reform) Act 2023 (c. ).”
SCHEDULE
3 Section 52 5
FINANCIAL PENALTIES
Notice of intent
1
Before imposing a financial penalty on a person under
section 26 or 47, a local housing authority must give the person notice of its
proposal to do
so (a “notice of
intent”). 10
2
(1) The notice of intent must be given before the end
of the period of 6 months beginning with the first day on which the authority
has sufficient evidence of the conduct to which the financial penalty relates.
(2)
But if the person is continuing to engage in the
conduct on that day, and the conduct continues beyond the end of that day, the
notice of intent may 15 be
given—
(a)
at any time when the conduct is continuing, or
(b)
within the period of 6 months beginning with the last
day on which the conduct occurs.
3
The notice of intent must set out— 20
(a)
the date on which the notice of intent is given,
(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
4. 25
Right to make representations
4
(1) A person who is given a notice of intent may make
written representations to the authority about the proposal to impose a
financial penalty.
(2)
Any representations must be made within the period of
28 days beginning with the day after the day on which the notice of intent was
given to the 30 person (“the period
for representations”).
Final notice
5
After the end of the period for representations the
enforcement authority must—
(a) decide
whether to impose a financial penalty on the person, and 35 (b)
if it decides to do so, decide the
amount of the penalty.
Schedule 3—Financial penalties
6
If the local housing authority decides to impose a
financial penalty on the person, it must give a notice to the person (a “final
notice”) imposing that penalty.
7
The final notice must require the penalty to be paid
within the period of
28
days beginning with the day after that on which the notice was given. 5
8
The final notice must set out—
(a)
the date on which the final notice is given,
(b)
the amount of the financial penalty,
(c)
the reasons for imposing the penalty,
(d)
information about how to pay the penalty, 10
(e)
the period for payment of the penalty,
(f)
information about rights of appeal, and
(g)
the consequences of failure to comply with the notice.
Withdrawal or amendment of notice
9
(1) A local housing authority may at any time— 15
(a)
withdraw a notice of intent or final notice, or
(b)
reduce an amount specified in a notice of intent or
final notice.
(2)
The power in sub-paragraph (1) is to be exercised by
giving notice in writing to the person to whom the notice was given.
Appeals
20
10
(1) A person to whom a final notice is given may appeal
to the First-tier
Tribunal against—
(a) the
decision to impose the penalty, or (b) the
amount of the penalty.
(2)
An appeal under this paragraph must be brought within
the period of 28 25 days beginning
with the day after that on which the final notice is given to the person.
(3)
If a person appeals under this paragraph, the final
notice is suspended until the appeal is finally determined, withdrawn or
abandoned.
(4)
An appeal under this paragraph— 30
(a)
is to be a re-hearing of the authority’s decision, but
(b)
may be determined having regard to matters of which the
authority was unaware.
(5)
On an appeal under this paragraph the First-tier
Tribunal may quash,
confirm
or vary the final notice. 35
(6)
The final notice may not be varied under sub-paragraph
(5) so as to impose a financial penalty of more than the local housing
authority could have imposed.
Schedule 3—Financial
penalties
Recovery of financial penalty
11
(1) This paragraph applies if a person fails to pay the
whole or any part of a financial penalty which, in accordance with this
Schedule, the person is liable to pay.
(2)
The local housing authority which imposed the financial
penalty may 5 recover the penalty or
part on the order of the county court as if it were payable under an order of
that court.
(3)
In proceedings before the county court for the recovery
of a financial penalty or part of a financial penalty, a certificate which is—
(a)
signed by the chief finance officer of the authority
which imposed 10 the penalty, and
(b)
states that the amount due has not been received by a
date specified in the certificate,
is conclusive evidence of that fact.
(4)
A certificate to that effect and purporting to be so
signed is to be treated 15 as
being so signed unless the contrary is proved.
(5)
In this paragraph “chief finance officer” has the same
meaning as in section 5 of the Local Government and Housing Act 1989.
Proceeds of financial penalties
12
Where a local housing authority imposes a financial
penalty under section 20
26 or 47, it may apply the proceeds towards meeting
the costs and expenses (whether administrative or legal) incurred in, or
associated with, carrying out any of its enforcement functions under this Act
or otherwise in relation to the private rented sector.
13
Any proceeds of a
financial penalty imposed under section 26 or 47 which are not 25 applied in accordance with paragraph 12 must
be paid to the Secretary of State.
14
(1) In paragraph 13, “enforcement functions in relation
to the private rented sector” means enforcement functions relating to—
(a)
residential premises in England that are let, or
intended to be let,
under
a tenancy, 30
(b)
the common parts of such premises,
(c)
the activities of a landlord under a tenancy of
residential premises in England,
(d)
the activities of a person carrying on English letting
agency work within the meaning of section 54 of the Housing and Planning Act 35 2016 in relation to such premises, or
(e)
the activities of a person carrying on English property
management work within the meaning of section 55 of the Housing and Planning
Act 2016 in relation to such premises.
(2)
For the purposes of this paragraph “residential
premises” has the meaning 40 given
by section 1 of the Housing Act 2004 except that it does not include
Schedule 4—Application of
Chapter 1 of Part 1 to existing tenancies: transitional provision