Section 18, which amends section 44 of the Housing Act 1988, provides that the offences created under new section 16J do not bind the Crown. It is possible under new section 16K for a financial penalty of up to £40,000 in lieu of prosecution to be imposed on the Crown for conduct which would generally make a landlord guilty of an offence under 16J. This exemption from criminal liability does not extend to persons acting in service of the Crown.
Part 1: Tenancy reform Chapter 1: Assured Tenancies Section 18: No criminal liability of the Crown under Part 1 of the 1988 Act Effect