5(1)A letting agent on whom a final notice is served may appeal against that notice to—E+W
(a)the First-tier Tribunal, in the case of a notice served by a local weights and measures authority in England, or
(b)the residential property tribunal, in the case of a notice served by a local weights and measures authority in Wales.
(2)The grounds for an appeal under this paragraph are that—
(a)the decision to impose a financial penalty was based on an error of fact,
(b)the decision was wrong in law,
(c)the amount of the financial penalty is unreasonable, or
(d)the decision was unreasonable for any other reason.
(3)An appeal under this paragraph to the residential property tribunal must be brought within the period of 28 days beginning with the day after that on which the final notice was sent.
(4)If a letting agent appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn.
(5)On an appeal under this paragraph the First-tier Tribunal or (as the case may be) the residential property tribunal may quash, confirm or vary the final notice.
(6)The final notice may not be varied under sub-paragraph (5) so as to make it impose a financial penalty of more than £5,000.
Commencement Information
I1Sch. 9 para. 5 partly in force; Sch. 9 para. 5 in force for specified purposes at Royal Assent, see s. 100(2)(b)(5)
I2Sch. 9 para. 5 in force at 27.5.2015 for E. in so far as not already in force by S.I. 2015/965, art. 2(c)
I3Sch. 9 para. 5 in force at 23.11.2015 for W. in so far as not already in force by S.I. 2015/1904, art. 3