PART 3Miscellaneous and General
C1CHAPTER 3Duty of letting agents to publicise fees etc
I1I2I387Enforcement of the duty
1
It is the duty of every local weights and measures authority in England and Wales to enforce the provisions of this Chapter in its area.
F11A
The duty in subsection (1) is subject to section 26 (enforcement by the lead enforcement authority) of the Tenant Fees Act 2019.
2
If a letting agent breaches the duty in section 83(3) (duty to publish list of fees etc on agent's website), that breach is taken to have occurred in each area of a local weights and measures authority in England and Wales in which a dwelling-house to which the fees relate is located.
F42A
If a letting agent breaches the duty in section 83(3C) (duty to publish list of fees etc on third party website), that breach is taken to have occurred in each area of a local weights and measures authority in England in which a dwelling-house to which the fees relate is located.
3
Where a local weights and measures authority in England and Wales is satisfied on the balance of probabilities that a letting agent has breached a duty imposed by or under section 83, the authority may impose a financial penalty on the agent in respect of that breach.
4
A local weights and measures authority in England and Wales may impose a penalty under this section in respect of a breach which occurs in England and Wales but outside that authority's area (as well as in respect of a breach which occurs within that area).
5
But a local weights and measures authority in England and Wales may impose a penalty in respect of a breach which occurs outside its area and in the area of a local weights and measures authority in Wales only if it has obtained the consent of that authority.
6
Only one penalty under this section may be imposed on the same letting agent in respect of the same breach F6, subject to subsection (6A).
F56A
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.
7
The amount of a financial penalty imposed under this section—
a
may be such as the authority imposing it determines, but
b
must not exceed £5,000.
8
Schedule 9 (procedure for and appeals against financial penalties) has effect.
9
A local weights and measures authority in England must have regard to any guidance issued by the Secretary of State F3or the lead enforcement authority (if not the Secretary of State) about—
a
compliance by letting agents with duties imposed by or under section 83;
b
the exercise of its functions under this section or Schedule 9.
10
A local weights and measures authority in Wales must have regard to any guidance issued by the Welsh Ministers about—
a
compliance by letting agents with duties imposed by or under section 83;
b
the exercise of its functions under this section or Schedule 9.
11
The Secretary of State may by regulations made by statutory instrument—
a
amend any of the provisions of this section or Schedule 9 in their application in relation to local weights and measures authorities in England;
b
make consequential amendments to Schedule 5 in its application in relation to such authorities.
12
The Welsh Ministers may by regulations made by statutory instrument—
a
amend any of the provisions of this section or Schedule 9 in their application in relation to local weights and measures authorities in Wales;
b
make consequential amendments to Schedule 5 in its application in relation to such authorities.
F213
For provisions about enforcement of this Chapter by the lead enforcement authority, see sections 24 to 26 of the Tenant Fees Act 2019.
14
In this section “lead enforcement authority” has the meaning given by section 24(1) of the Tenant Fees Act 2019.
Pt. 3 Ch. 3: power to amend conferred (1.9.2019) by Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2), ss. 23, 30(2) (with s. 29); S.I. 2019/1150, art. 2(b)