Commentary on Sections Part 3: Access to Services etc Schedule 3: Excluded residential tenancy agreements Section 29: Objection
159.This section establishes the process by which a landlord or agent may object to a penalty they have been given by the Secretary of State for renting property for use by a disqualified person and by which the Secretary of State must consider objections.
160.Subsections (1) and (2) provide that a landlord or agent may object to his liability to the imposition of a penalty and to the amount. He may also object on the basis that he is not the liable party, is excused payment because he has complied with the requirements set out in section 24 for landlords, or section 26 for agents, or that the penalty given is too high in the circumstances.
161.Subsection (3) sets out that an objection must be made in writing to the Secretary of State within a timeframe that will be set out in an order and must give the reasons.
162.The Secretary of State must consider the objection, with regard to the Code of Practice issued under section 32; and may decide to cancel the penalty, change the amount which must be paid as a result of the objection either by reducing or increasing it, or take no action and leave the penalty notice as it stands. The Secretary of State must notify the agent or landlord of the decision within a set period that will be set out by order (subsections (4), (5) and (6)).