Section 92 defines the offences of continuing and repeat breaches of requirements imposed by section 82, subsections (1), (2) or (3) and of knowingly or recklessly providing false or misleading information in relation to meeting a requirement relating to the database.
Example: Failure to register a property on the database – offence
A landlord is found to have let a property whilst it is unregistered on the database. The enforcing local housing authority finds evidence that the same landlord was convicted for knowingly or recklessly providing false information three years earlier. The previous offence was not appealed by the landlord. The local housing authority then prosecutes the landlord for a repeated breach of the database’s requirements and serves the landlord with a civil penalty notice of up to £40,000.
Part 2: Residential landlord Chapter 3: The Private Rented Sector Database Section 92: Offences Background