Judge in property redress scheme case upholds council's £5000 fine on landlord and says such fines should not be "derisory"

Welwyn Hatfield Council imposed the fine in October 2021 as the landlord had failed to declare his status as a letting agent and had also failed to be a member of a government approved property redress scheme.
The failure by the landlord/agent was thus a breach of The Redress Schemes for Letting Agency Work and Property Management Work (England) Order 2014. However, the landlord decided to appeal the fine before the General Regulatory Chamber saying that he had been a guarantor not an agent. This was found to be untrue and his appeal was unsuccessful.
In summing up, the Upper Tribunal Judge hearing the appeal stated that "The duty to enforce consumer protection laws will not be served by imposing derisory penalties. In all the circumstances, I am satisfied that that appropriate penalty is £5000."
Welwyn Hatfield Council says that the case "highlights the hard work .... of the council's private sector housing team and reinforces its determination to ensure that all local property agents are members of a redress scheme."
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