PART 3

Access to services etc
CHAPTER 1

Residential tenancies

Penalty notices

Excuses available to landlords
24
1
This section applies where a landlord is given a notice under section 23 requiring payment of a penalty.
2
Where the notice is given for a pre-grant contravention, the landlord is excused from paying the penalty if the landlord shows that—
a
the prescribed requirements were complied with before the residential tenancy agreement was entered into, or
b
a person acting as the landlord’s agent is responsible for the contravention (see section 25(2)).
3
The prescribed requirements may be complied with for the purposes of subsection (2)(a) at any time before the residential tenancy agreement is entered into.
4
But where compliance with the prescribed requirements discloses that a relevant occupier is a person with a limited right to rent, the landlord is excused under subsection (2)(a) only if the requirements are complied with in relation to that occupier within such period as may be prescribed.
5
The excuse under subsection (2)(a) or (b) is not available if the landlord knew that entering into the agreement would contravene section 22.
6
Where the notice is given for a post-grant contravention, the landlord is excused from paying the penalty if any of the following applies—
a
the landlord has notified the Secretary of State of the contravention as soon as reasonably practicable;
b
a person acting as the landlord’s agent is responsible for the contravention;
c
the eligibility period in relation to the limited right occupier whose occupation caused the contravention has not expired.
7
For the purposes of subsection (6)(a), the landlord is to be taken to have notified the Secretary of State of the contravention “as soon as reasonably practicable” if the landlord—
a
complied with the prescribed requirements in relation to each limited right occupier at the end of the eligibility period, and
b
notified the Secretary of State of the contravention without delay on it first becoming apparent that the contravention had occurred.
8
Notification under subsection (6)(a) must be in the prescribed form and manner.
9
In this Chapter “limited right occupier”, in relation to a residential tenancy agreement, means a relevant occupier who had a limited right to rent at the time when the occupier was first granted a right to occupy the premises under the agreement.