THE NON-DOMESTIC PRIVATE RENTED PROPERTY MINIMUM STANDARD

Chapter 5: Enforcement of the Non-Domestic Minimum Level of Energy
Efficiency
monitor compliance, and issue compliance and penalty notices where
applicable.
90. Enforcement authorities can choose which function they wish to use to
enforce the minimum standards regulations – for example they may decide to
use Trading Standards Officers or Environmental Health Officers. However, it
is ultimately up to individual LWMAs as to how they wish to enforce the
Regulations, taking into account the particular needs of their area.
91. The authorised officer may check for different forms of non-compliance with
the Regulations including:
from 1 April 2018 whether the property is sub-standard and let in breach of
Regulation 27 (which may include continuing to let the property after 1 April
2023)(see section 1.2 in chapter one);
where the landlord has registered any false or misleading information on the
PRS Exemptions Register, or has failed to comply with a compliance notice
(see section 5.1.2 below)
5.1.2 When the enforcement authority may decide to serve a compliance
notice (Regulation 37)
92. From 1 April 2018, where the enforcement authority believes that a landlord
may be in breach of the prohibition on letting a sub-standard property (as
described in section 1.2.1 in chapter one), or a landlord has been in breach of
the prohibition at any time in the past 12 months, the enforcement authority
may serve a compliance notice that requests information from that landlord
which will help them to decide whether that landlord has in fact breached the
prohibition.
93. The fact that an enforcement authority may serve a compliance notice on a
landlord up to 12 months after the suspected breach means that a person
may be served with a compliance notice after they have ceased to be the
landlord of the property. It is good practice, therefore, for landlords to retain
any records and documents relating to a let property that may be used to
demonstrate compliance with the Regulations.
94. Any notice that is served under the Regulations must be in writing and may
be sent in hard copy or electronically. Where a notice is served on a
corporate body it may be given to the secretary or clerk of that body if a
suitable named individual cannot be identified. Where a notice is served on a
partnership, it may be addressed to any partner, or to a person who has
control or management of the partnership business (Regulation 3).
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