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Leasehold Reform (Ground Rent) Act 2022

Contents

Schedule: Enforcement: procedure, appeals and recovery etc.

  1. The Schedule sets out the procedure to be followed by an enforcement authority when it imposes a financial penalty and/or makes an order to recover prohibited rent.
  2. Paragraph 2 requires that before imposing a penalty and/or making an order for repayment, the enforcement authority must serve notice of their intent. The notice of intention must set out:
    • the date of the notice being served
    • the amount of the proposed penalty and/or terms of the order
    • the reasons for imposing the penalty and/or making the order
    • information about the right to make written representations.
  3. Paragraph 3(1) deals with timescales for issuing the notice of intent. This notice must be served within 6 years of the day of the breach and within 6 months of the enforcement authority knowing of evidence that the authority considers justifies serving the notice.
  4. Sub-paragraph (2) sets out the days on which it is to be considered that a breach of section 3(1) has taken place, for the purposes of calculating the timescales in subparagraph (1). A breach involving a request for a prohibited rent takes place on the date of that request. Where no request for payment has been made and the landlord fails to refund prohibited rent received, a breach takes place at the end of the period of 28 days after the rent is received.
  5. Paragraph 4 relates to written representations regarding the notice. Anyone who receives a notice of intent may make written representations about the proposal. They must make these written representations within 28 days of the notice being served.
  6. Paragraph 5 relates to the issuing of the final notice. After the end of the 28-day period for written representations, the enforcement authority must decide whether to impose a financial penalty and/or make the order. If it decides to impose a penalty and/or make an order the authority must decide the amount of the penalty and/or the terms of the order. The enforcement authority must then issue a final notice requiring a penalty to be paid and/or the order to be complied with within 28 days of the date of the final notice. The final notice must set out:
    1. the date the final notice is served
    2. the amount of the penalty and/or terms of the order
    3. the reasons for imposing the penalty and/or making the order
    4. information about how to pay the penalty and/or comply with the order
    5. information about rights of appeal
    6. the consequences of failure to comply with the notice.
  7. Paragraph 6 deals with an enforcement authority withdrawing or amending the notice of intent or final notice. The enforcement authority is allowed, at any time, to withdraw a notice of intent or final notice, to reduce the amount specified in a notice of intent or final notice, or to remove the proposal to impose or the imposition or a penalty or the proposal to make or the making of an order to recover prohibited rent. The authority can do this by writing to the person on whom the relevant notice was served.
  8. Paragraph 7 relates to appeals. A final notice may be appealed to the appropriate tribunal. Appeals can be against the decision to impose the penalty or make the order; the amount of the penalty; or the terms of the order. The person on whom the final notice was served must appeal within 28 days of the service of that notice. The notice will then be suspended until the appeal is finally determined, withdrawn or abandoned.
  9. An appeal will be a re-hearing of the enforcement authority’s decision and may be determined having regard to matters that the enforcement authority was unaware of. The appropriate tribunal may quash, confirm or vary the notice. However, if varying the notice, the appropriate tribunal cannot vary a notice so as to make it impose a financial penalty of less than the minimum or more than the maximum penalty that the enforcement authority could have imposed.
  10. Paragraphs 8 and 9 deal with recovery of the financial penalty, prohibited rent and interest. If the person fails to pay all or part of the penalty or fails to repay the prohibited rent in accordance with an order, the enforcement authority may recover the penalty or the prohibited rent on the order of the county court as if it were payable under order of that court.
  11. Paragraph 10 gives an enforcement authority power to help a person to apply for a court order if an enforcement authority’s order to repay a prohibited rent or interest on that amount has not been complied with. For example, by helping the person conduct proceedings or by giving advice.
  12. Paragraphs 11 and 12 set out how the enforcement authority should deal with the financial proceeds from enforcement action. The enforcement authority may retain the financial proceeds of any penalties it imposes and put it towards the costs (administrative or legal) incurred in carrying out its enforcement functions in relation to residential leasehold property. Any proceeds of a financial penalty which are not used for this purpose must be paid to the Secretary of State if the premises are in England, or to the Welsh Ministers if the premises are in Wales.

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