Clause 14 - Recovery of prohibited rent by tenant

Part of Leasehold Reform (Ground Rent) Bill [Lords] – in a Public Bill Committee at 2:30 pm on 7 December 2021.

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Photo of Maria Eagle Maria Eagle Labour, Garston and Halewood 2:30, 7 December 2021

The difference between these clauses and the previous clauses we discussed is that the organisation that will in the first instance decide the size of the fine is the tribunal, rather than the enforcement authority—I think I am right about that—because the tenant will make an application to the tribunal for a fine to be levied and to get back the money they have wrongly paid. Do the Government intend to give some guidance to the tribunal as to how to set that fine? There is quite a wide range; it is between £500 and £30,000. Does the Minister expect that the tribunal, in making such a determination, will follow the same kind of guidance as the enforcement authority would follow were it initially setting the level of fine? Has he given any thought to consistency between the two ways of getting to a fine in this instance—whether through the tribunal or the enforcement authority?