Notice of Intent, Final Notice, how and when to appeal a Final Notice.
Before an enforcing authority, that is, trading standards, district council or NTSELAT, imposes a financial penalty (fine) for breach of the lettings legislation, they issue a Notice of Intent.
The Notice of Intent includes:
- the amount of the proposed fine
- information about why they’re proposing to issue the fine
If you receive a Notice of Intent, you should get independent legal advice.
You have 28 days to give written representations in response to the Notice of Intent. This means that you can write to the enforcing authority to explain why you don't think the fine should be imposed. The Notice of Intent will explain how to do this.
The enforcing authority will then decide whether to impose a fine, and what the amount should be if they do.
If the enforcing authority decide to impose a fine, they will serve a Final Notice imposing that fine.
Appeal a Final Notice
You have the right of appeal to the First-tier Tribunal against a Final Notice.
For a Final Notice in respect of failing to belong to a redress scheme, or failing to publicise your fees and scheme information under the Consumer Rights Act 2015, you can appeal if you think:
- the decision to impose the fine was based on an error of fact
- the decision was wrong in law
- the amount of the fine is unreasonable
- the decision was unreasonable for any other reason
For a Final Notice in respect of a breach of the Tenant Fees Act 2019 or for failing to comply with the Client Money Protection scheme requirements, you can appeal against:
- the decision to impose the fine
- the amount of the fine
Which tribunal you need to appeal to
- under the Tenant Fees Act 2019, make your appeal to the First-Tier Tribunal (Property Chamber Residential Property)
- under the Consumer Rights Act 2015, the Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc) Regulations 2019 or the Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014, make your appeal to the First-tier Tribunal (General Regulatory Chamber)
When you need to lodge your appeal by
If you decide to lodge an appeal with the First-tier Tribunal, you must do this:
- within 28 days, starting the day after the notice is served
- within the time specified in the Final Notice, which must be between 7 and 14 days from the day after the deemed date of service, in respect of refunding a prohibited payment to the tenant
If you lodge an appeal during these timeframes, the Final Notice is suspended:
- until the decision of the First-tier Tribunal, or
- until the appeal is withdrawn or abandoned