SCHEDULEProcedure for and appeals against financial penalties

Appeals5

1

A property agent on whom a final notice is served may appeal to the First-tier Tribunal against—

a

the decision to impose the penalty; or

b

the amount of the penalty.

2

An appeal under this paragraph must be brought within the period of 28 days beginning with the day after that on which the final notice was served.

3

If a property agent appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn.

4

An appeal under this paragraph—

a

is to be a re-hearing of the local housing authority’s decision; but

b

may be determined having regard to matters of which the authority was unaware.

5

On an appeal under this paragraph the First-tier Tribunal may quash, confirm or vary the final notice.

6

The final notice may not be varied under sub-paragraph (5) so as to make it impose a financial penalty of more than—

a

£30,000, in respect of a breach of regulation 3; or

b

£5,000, in respect of a breach of regulation 4.