Key Facts
- •Ali Shan appealed a £1200 penalty notice (PN) from Nottingham City Council for non-compliance with a compliance notice (CN) under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015.
- •The CN required Mr. Shan to provide information and documentation regarding energy efficiency improvements to his property by March 3, 2023.
- •Mr. Shan claimed he did not receive the CN, citing mail delivery issues.
- •The council argued that the CN was properly served and that Mr. Shan's failure to comply justified the PN.
- •Mr. Shan argued that he had undertaken significant energy efficiency improvements, exceeding the required expenditure.
- •The Tribunal considered Mr. Shan's age, disabilities, and the chronology of events.
Legal Principles
Presumption of service by post: If a document is properly addressed, prepaid, and posted, it is presumed to have been served, unless proven otherwise.
Section 7, Interpretation Act 1978
Landlord's obligation to comply with a CN: Landlords must comply with compliance notices issued under the Energy Efficiency Regulations.
Regulation 37(4)(a), Energy Efficiency (Private Rented Property)(England and Wales) Regulations 2015
Grounds for appeal against a PN: An appeal against a PN can be made on grounds of error of fact or law, non-compliance with regulations, or inappropriateness of the PN.
Regulation 43, Energy Efficiency (Private Rented Property)(England and Wales) Regulations 2015
Service of documents by local authorities: Service can be effected by delivery, post to the last known address, or leaving at the last known address.
Section 233, Local Government Act 1972
Burden of proof: It is the appellant's responsibility to provide evidence that they did not receive the CN.
Naujokas v Fenland DC [2023] UKUT 190 (LC)
Outcomes
Appeal dismissed; PN affirmed.
The Tribunal found that the CN was properly served, Mr. Shan failed to comply, and there were no mitigating factors to reduce the penalty.