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England and Wales decisions
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The First-tier Tribunal upheld a £3,052.50 penalty for letting a property without an EPC after April 2020 and dismissed the landlord’s appeal.
The penalty notices were justified as the appellants let properties without valid EPCs at level E or above during the relevant period. The breaches were clear and persistent, and the Council's enforcement was proportionate. However, penalties for false or misleading information were reduced due to insufficient evidence.
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The First-tier Tribunal dismissed John Leonard Kenyon’s appeal against a penalty notice for letting a non-domestic property below the required energy rating.
The tribunal dismissed a landlord’s appeal against revised penalties for missing EPCs and ignoring a compliance notice under the 2015 Regulations.
The appellant failed to comply with compliance notices and let properties with sub-standard EPC ratings in breach of the regulations. No mitigating factors were established to reduce the financial penalties. The responsibility to comply with statutory obligations rests with the landlord, regardless of personal circumstances or lack of awareness.
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The Appellant provided no explanation for failing to comply with the Compliance Notice and demonstrated no basis for quashing or modifying the penalty; the penalty is affirmed.
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The appellant admitted the facts, including a lengthy period of non-compliance and failure to comply with the compliance notice. Although improvements were made and acknowledged by a penalty reduction, the appellant did not demonstrate that the penalty was inappropriate in all the circumstances. The penalty notice is affirmed.
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The tribunal dismissed an appeal against a £500 penalty notice for breaching energy efficiency rules for a rented property with an EPC rating below E.
The tribunal found the CN was properly served to the appellant's last known address, the appellant likely received it, and failed to comply by the deadline. The penalty was lawfully and proportionately imposed, and no failure to make reasonable adjustments was established.
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The First-tier Tribunal partly allowed an ESOS penalty appeal, affirming publication and modified the financial penalty from £3,750 to £3,188.
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