THE NON-DOMESTIC PRIVATE RENTED PROPERTY MINIMUM STANDARD

Chapter 5: Enforcement of the Non-Domestic Minimum Level of Energy
Efficiency
rateable value of the property 32 (whichever is greater), subject to a
maximum financial penalty of £50,000. The enforcement authority may
also impose the publication penalty (see section 5.2.2 below).
b. Where the landlord has let a sub-standard property unlawfully (see
section 1.2) and has been in breach for three months or more at the time
the penalty notice is served, the enforcement authority may impose a
financial penalty of the greater of up to £10,000 or 20% of the rateable
value of the property (whichever is greater), up to a maximum of
£150,000. The enforcement authority may also impose the publication
penalty.
c. Where the landlord has registered false or misleading information on the
PRS Exemptions Register (see sections 4.2), the enforcement authority
may impose a financial penalty of up to £5,000 and may impose the
publication penalty.
d. Where the landlord has failed to comply with a compliance notice (see
section 5.1.2), the enforcement authority may impose a financial penalty
of up to £5,000 and may impose the publication penalty.
100. An enforcement authority should not impose a financial penalty under both
paragraphs (a) and (b) in relation to the same breach of the Regulations.
However, they may impose a financial penalty under either paragraph (a) or
paragraph (b), together with financial penalties under paragraphs (c) and (d),
in relation to the same breach. Table two below reflects these penalty options.
Table 2:
Infringement
Renting out a
non-compliant
property
Penalty
(less than three months in
breach)
Up to either:
o £5,000, or
o 10% of rateable value, with
maximum penalty of £50,000
Whichever amount is the
greater.
Publication of non-compliance
Penalty
(three months or more in
breach)
Up to either:
o £10,000, or
o 20% of rateable value, with
maximum penalty of
£150,000
Whichever amount is the
greater.
Publication of non-compliance
32 The rateable value of the property for these purposes is the value shown for the property on the local non-domestic
rating list (the rating list maintained under section 41 of the Local Government Finance Act 1988) at the time the
penalty notice is served.
45