THE NON-DOMESTIC PRIVATE RENTED PROPERTY MINIMUM STANDARD

Chapter 5: Enforcement of the Non-Domestic Minimum Level of Energy
Efficiency
5.2.2 Publication penalty (Regulation 39)
102. A publication penalty means that the enforcement authority will publish
some details of the landlord’s breach on a publicly accessible part of the PRS
Exemptions Register. The enforcement authority can decide how long to
leave the information on the Register, but it will be available for view by the
public for at least 12 months.
103. The information that the enforcement authority may publish is:
the landlord’s name (except where the landlord is an individual);
details of the breach;
the address of the property in relation to which the breach occurred; and
the amount of any financial penalty imposed.
104. The enforcement authority may decide how much of this information to
publish. However, the authority may not place this information on the PRS
Exemptions Register while the penalty notice could be, or is being reviewed
by the Local Authority (see section 5.2.5), or while their decision to uphold the
penalty notice could be, or is being, appealed (see section 5.3).
5.2.3 Circumstances in which a penalty notice may be served (Regulation
38)
105. From 1 April 2018, the enforcement authority may serve a penalty notice
(relating to a financial penalty, a publication penalty or both) on the landlord
where they are satisfied that the landlord is, or has been in the last 18
months:
in breach of the prohibition on letting sub-standard property (which may
include continuing to let the property after 1 April 2023) (see section 1.2.1);
or
in breach of the requirement to comply with a compliance notice (see
section 5.1.2), or
has uploaded false or misleading information to the Exemptions Register.
106. Again, the fact that an enforcement authority may serve a penalty notice on
a landlord up to 18 months after the suspected breach means that a person
may be served with a penalty notice after they have ceased to be the landlord
of a property.
5.2.4 What will be included in a penalty notice (Regulation 38)
107. The penalty notice may include a financial penalty, a publication penalty or
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