(1)The Secretary of State may give a penalty notice—
(a)to a landlord under section 23 without having established whether the landlord is excused from paying the penalty under section 24;
(b)to an agent under section 25 without having established whether the agent is excused from paying the penalty under section 26.
(2)A penalty notice must—
(a)be in writing,
(b)state why the Secretary of State thinks the recipient is liable to the penalty,
(c)state the amount of the penalty,
(d)specify a date, at least 28 days after the date specified in the notice as the date on which it is given, before which the penalty must be paid,
(e)specify how a penalty must be paid,
(f)explain how the recipient may object to the penalty or make an appeal against it, and
(g)explain how the Secretary of State may enforce the penalty.
(3)A separate penalty notice may be given in respect of each adult disqualified by their immigration status in relation to whom there is a contravention of section 22.
(4)Where a penalty notice is given to two or more persons who jointly constitute the landlord or agent in relation to a residential tenancy agreement, those persons are jointly and severally liable for any sum payable to the Secretary of State as a penalty imposed by the notice.
(5)A penalty notice may not be given in respect of any adult if—
(a)the adult has ceased to occupy the premises concerned, and
(b)a period of 12 months or more has passed since the time when the adult last occupied the premises,
but this subsection is not to be taken as affecting the validity of a penalty notice given before the end of that period.
(6)Subsection (5) does not apply to a penalty notice given after the end of the 12 month period mentioned in that subsection if—
(a)it is a new penalty notice given by virtue of section 29(6)(b) on the determination of an objection to another penalty notice, and
(b)that other penalty notice was given before the end of the period.
Commencement Information
I1S. 28 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(i)
I2S. 28 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(i)