Cavendish Lettings Limited v Nottingham City Council
[2023] UKFTT 850 (GRC)
David Dawson v Nottingham City Council
16 October 2023
[2023] UKFTT 851 (GRC)
First-tier Tribunal
A landlord was fined for not fixing problems at a rental property, even though he said the council was unhelpful. The judge said he still had to follow the rules and kept the fine.
Key Facts
- •David Dawson (Appellant) appealed a £1200 financial penalty imposed by Nottingham City Council (Respondent) under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015.
- •The penalty was for failing to comply with a compliance notice related to 664 Woodborough Road, Nottingham.
- •The original penalty was £3600 but reduced after a review.
- •The appeal focused solely on the financial penalty for non-compliance with the compliance notice; the publication penalty was not disputed.
- •The Appellant claimed the penalty was disproportionate and that the Respondent's communication was unhelpful and rude.
- •The Respondent argued the Appellant failed to provide a valid reason for non-compliance.
Legal Principles
Enforcement authorities can impose financial and/or publication penalties for breaches of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015.
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015
A penalty notice must contain specific information, including the breach, required actions, penalty amount, and appeal process.
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015
An appeal can be made to the First-tier Tribunal on grounds of error of fact, error of law, non-compliance with regulations, or inappropriateness of the penalty.
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015
The First-tier Tribunal can quash or affirm the penalty notice.
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015
Outcomes
The appeal was dismissed.
The Appellant failed to provide a justifiable reason for non-compliance with the compliance notice. The Tribunal found the Appellant's claims of unhelpful communication and rude staff insufficient grounds to overturn the penalty.