Section 6A — Housing Act 2004: Financial penalties relating to category 1 hazards or type 1 requirements

Financial penalties relating to category 1 hazards or type 1 requirements 6A 1 This section applies where—

a a local housing authority is required by section 5(1) to take the appropriate enforcement action in relation to—

i the existence of a category 1 hazard on qualifying residential premises other than the common parts of a building containing one or more flats, or ii a failure by qualifying residential premises other than the common parts of a building containing one or more flats to meet a type 1 requirement, and b in the opinion of the local housing authority it would have been reasonably practicable for the responsible person to secure the removal of the hazard or the meeting of the requirement.

2 When first taking that action, the local housing authority may also impose on the responsible person a financial penalty under this section in relation to the hazard or failure.

3 In subsections (1) and (2), “the responsible person” is the person on whom an improvement notice may be served in accordance with paragraphs A1 to 4 of Schedule 1 in relation to the hazard or failure.

4 For the purposes of subsection (3)—

a it is to be assumed that serving such a notice in relation to the hazard or failure is a course of action available to the authority, and b any reference in paragraphs A1 to 4 of Schedule 1 to “the specified premises” is, in relation to the imposition of a financial penalty under this section, to be read as a reference to the premises specified in the final notice in accordance with paragraph 8(c) of Schedule A1.

5 In subsection (4)(b), “ final notice ” has the meaning given by paragraph 6 of Schedule A1.

6 The amount of the penalty is to be determined by the authority but must not be more than £7,000.

7 A penalty under this section may relate to—

a more than one category 1 hazard on the same premises, b more than one failure to meet type 1 requirements by the same premises, or c any combination of such hazards or failures on or by the same premises.

8 The Secretary of State may by regulations amend the amount specified in subsection (6) to reflect changes in the value of money.

9 Schedule A1 makes provision about—

a the procedure for imposing a financial penalty under this section, b appeals against financial penalties under this section, c enforcement of financial penalties under this section, and d how local housing authorities are to deal with the proceeds of financial penalties under this section.