Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022
Steps taken to impose penalty charge notices
The regulations impose a number of procedural steps which must be taken before the council can impose a requirement on a landlord to pay a penalty charge.
When the council is satisfied that the landlord has failed to comply with the requirements of the remedial notice, all penalty charge notices will be served within six weeks.
Where a review is requested within 28 days from when the penalty charge notice is served, the council will consider any representations made by the landlord. All representations are to be sent to Private Sector Housing Team, Hinckley & Bosworth Borough Council, The Hinckley Hub, Rugby Road, Hinckley, Leicestershire, LE10 0FR, or they can be submitted via our Private Sector Housing contact form.
The council will notify the landlord of its decision by notice, which will be either to confirm, vary or withdraw the penalty charge notice.
A landlord who has requested a review of a penalty charge notice and has been served with a notice confirming or varying the penalty charge notice, may appeal to the First-tier Tribunal (General Regulatory Chamber) against the council’s decision. Appeals should be made within 28 days from the notice served of the council’s decision on review.
If the penalty charge notice is not paid, then recovery of the penalty charge will happen through an order of the court. Proceedings for recovery will commence after 30 days from the date when the penalty charge notice is served.
However, in cases where a landlord has requested a review of the penalty charge notice, recovery will not commence until after 28 days from the date of the notice served giving the council’s decision to vary or confirm the penalty charge notice. Where landlords do make an appeal to the First-tier Tribunal (General Regulatory Chamber), recovery will commence after 28 days from when the appeal is finally determined or withdrawn.
Last updated: 17/01/2023 15:04