- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 No. 1693
11.—(1) A landlord who is served with a notice under regulation 10(2)(c) confirming or varying a penalty charge notice may appeal to the First-tier Tribunal against the local housing authority’s decision.
(2) The grounds for appeal are that—
(a)the decision to confirm or vary the penalty charge notice was based on an error of fact;
(b)the decision was wrong in law;
(c)the amount of the penalty charge is unreasonable;
(d)the decision was unreasonable for any other reason.
(3) Where a landlord appeals to the First-tier Tribunal, the operation of the penalty charge notice is suspended until the appeal is finally determined or withdrawn.
(4) The Tribunal may quash, confirm or vary the penalty charge notice, but may not increase the amount of the penalty charge.
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