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Section 25 (Penalties for failure to Comply with Sections 21, 22 & 23)

Summary

1. This section says that it is a criminal offence for a Landlord or Superior landlord to fail to comply with Sections 21, 22, 23 or 23A of the Landlord and Tenant Act 1985.

2. The punishment is a fine of up to level 4 on the ‘standard scale’.

3. At the time of writing (July 2014) this means a fine of up to £2,500 to be imposed on the Landlord or Superior Landlord.

Enforcement of Section 25

1. In order to impose a fine a prosecution must be brought in a Magistrates Court by a local authority.

Private Prosecutions

1. Until fairly recently leaseholders were able to bring a private prosecutions to enforce Section 25. This option was taken away by a decision made by the Court of Appeal in 2014.

2. They decided that it was not the intention of the UK Parliament to allow private prosecution to be brought in relation to Section 25. The case was called Morshead Mansions Ltd v Di Marco [2014] EWCA Civ 96.

3. This means Section 25 will only be enforced if a leaseholder can convince their local authority to bring a prosecution.

Relevant Case Law

See the section of our case law library on Rights to Information.

Click on the link to read more about the Landlord and Tenant Act 1985