Penalty Policy in relation to relevant Letting Agency Legislation

In accordance with the provisions of the TFA & CMP statutory guidance, SBC will consider the following factors when determining the level of penalty to impose for a breach of relevant letting agency legislation:

a. severity of the breach

b. punishment of the landlord or agent

c. aggravating and mitigating factors

d. fairness and proportionality

Each of these factors are explained in more detail in the statutory guidance which should be referred to for each penalty under consideration.  For ease, the same considerations will be applied in cases of redress membership and breaches of S.83 Consumer Rights Act 2015.

Although the Council has therefore a wide discretion in determining the appropriate level of financial penalty in any particular case, regard has been given to the statutory guidance when making this Policy.

Appendix 1 of this Policy contains the processes that the Council will use in order to determine the level of financial penalty under the TFA 2019 and other relevant letting agency legislation. All stages subsequent to the issue of a Notice of Intent are subject to statutory time limits and the suspension of the process should an appeal be made to the First Tier Tribunal.