Part 7

Supplementary and final provisions

Financial penalties as alternative to prosecution

Financial penalties for certain housing offences in England
249A
1
The local housing authority may impose a financial penalty on a person if satisfied, beyond reasonable doubt, that the person's conduct amounts to a relevant housing offence in respect of premises in England.
2
In this section “
relevant housing offence
” means an offence under—
a
section 30 (failure to comply with improvement notice),
b
section 72 (licensing of HMOs),
c
section 95 (licensing of houses under Part 3),
d
section 139(7) (failure to comply with overcrowding notice), or
e
section 234 (management regulations in respect of HMOs).
3
Only one financial penalty under this section may be imposed on a person in respect of the same conduct.
4
The amount of a financial penalty imposed under this section is to be determined by the local housing authority, but must not be more than £30,000.
5
The local housing authority may not impose a financial penalty in respect of any conduct amounting to a relevant housing offence if—
a
the person has been convicted of the offence in respect of that conduct, or
b
criminal proceedings for the offence have been instituted against the person in respect of the conduct and the proceedings have not been concluded.
6
Schedule 13A deals with—
a
the procedure for imposing financial penalties,
b
appeals against financial penalties,
c
enforcement of financial penalties, and
d
guidance in respect of financial penalties.
7
The Secretary of State may by regulations make provision about how local housing authorities are to deal with financial penalties recovered.
8
The Secretary of State may by regulations amend the amount specified in subsection (4) to reflect changes in the value of money.
9
For the purposes of this section a person's conduct includes a failure to act.
S. 249A and cross-heading inserted (10.3.2017 for specified purposes, 6.4.2017 in so far as not already in force) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 9 para. 7; S.I. 2017/281, regs. 3(b), 4(f)