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Tenant Fees Act 2019
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20Penalties for continuing breach of duty
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(1)Section 87 of the Consumer Rights Act 2015 (enforcement of duty of letting agents to publicise fees etc) is amended as follows.
(2)In subsection (6), at the end insert “, subject to subsection (6A)”.
(3)After subsection (6) insert—
“(6A)More than one penalty may be imposed on the same letting agent by a local weights and measures authority in England in respect of a breach which occurs in England where—
(a)the breach continues after the end of 28 days beginning with the day after that on which the final notice in respect of the previous penalty for the breach was served, unless the letting agent appeals against that notice within that period, or
(b)if the letting agent appeals against that notice within that period, the breach continues after the end of 28 days beginning with the day after that on which the appeal is finally determined, withdrawn or abandoned.
(6B)Subsection (6A) does not enable a penalty to be imposed after the final notice in respect of the previous penalty has been withdrawn or quashed on appeal.
(6C)In subsections (6A) and (6B) “final notice” has the meaning given by paragraph 3(2) of Schedule 9.”
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