Commentary on Sections Part 3: Access to Services etc Schedule 3: Excluded residential tenancy agreements Section 28: Penalty notices: general
156.This section provides for the issuing of a penalty notice by the Secretary of State to a landlord or agent. Subsection (1) provides that as a matter of law, the Secretary of State does not have to establish whether the landlord or agent can establish an excuse before serving a penalty notice. The reference to landlord will include a superior landlord who has accepted responsibility for compliance with the scheme under section 23(5), following the glossing provision at section 23(4). Subsection (3) provides that a separate penalty notice can be given for each disqualified adult occupying the premises.
157.Subsection (2) sets out what a notice should contain. The notice must say why the Secretary of State thinks the landlord or agent is liable and give details of how large the penalty is, how it should be paid and give a deadline for payment that is more than four weeks away. The notice must also say how the landlord or agent can go about lodging an objection to the penalty. A notice cannot be given if a year or more has passed since a disqualified person occupied a property, unless a new notice is being issued under section 29(6) following consideration of an objection made by a landlord or agent and the original notice was given within that 1 year period (subsection (5)).
158.Subsection (4) provides that where a penalty notice is given to two or more persons who jointly constitute the landlord or agent, then those persons are liable for the penalty on a joint and several basis.