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England and Wales decisions
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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 Tribunal dismissed Mr Naveed’s appeal against a £4,000 penalty for letting a sub-standard property with an EPC rating below band E without a registered exemption.
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 breached regulation 23 by letting properties with substandard EPC ratings and failed to take reasonable steps or exercise due diligence to comply before enforcement action. Personal and family circumstances, lack of awareness, and post-enforcement remedial steps do not excuse non-compliance or justify reduction of penalties. The penalty notices and financial penalties were lawfully and appropriately imposed.
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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 tribunal dismissed an appeal against a ÂŁ500 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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