1st Choice Estates Ltd v London Borough of Lambeth

The Final Notices dated 30 th April 2019 are varied in that the penalty is reduced from �5,000 per Notice to �2,500 per Notice.

��By its Notice of Appeal dated 25 th May 2019, the Appellant disputes the facts on which the Council relied when deciding to impose the financial penalties and also submits that the amount of the penalty is in each case disproportionate.�

�The parties and the Tribunal agreed that this matter was suitable for determination on the papers in accordance with rule 32 of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, as amended.

�Section 83 of the Consumer Rights Act 2015 requires letting agents to publicise details of relevant fees at its business premises and on its website. It came into force in May 2015.

�Where the relevant enforcement authority is satisfied on the balance of probabilities that the letting agency has breached its duties under s. 83, it may impose a financial penalty under s.87 of that Act. It does so by serving a Notice of Intent and then a Final Notice on the letting agent concerned.