Enforcement Policy - Leasehold Reform (Ground Rent) Act 2022

Step 3 - Aggravating and mitigating factors

Below is a list of some, but not all, factors that the Council can consider when assessing the value of a financial penalty. The Council will identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the starting point.

In particular, relevant unspent convictions are likely to result in a substantial upward adjustment. In some cases, having considered these factors, it may be appropriate to move outside the identified category range which will not exceed the statutory maximum permitted in any case.

Aggravating Factors (Matters increasing severity)	Mitigating Factors (Matters reducing severity)
if the leaseholder is vulnerable individual the landlord's history of compliance or previous convictions related to the breach whether the breach was motivated by financial gain if there has been any obstruction of justice any deliberate concealment of the activity or evidence established evidence of wider / community impact obstruction of the investigation record of poor compliance refusal of advice or training	high level of co-operation with the investigation, beyond that which will always be expected evidence of voluntary steps to remedy the breach, including prompt repayment of prohibited rent evidence of health reasons preventing reasonable compliance (poor mental health, unforeseen health issues and/or emergency health concerns) no previous breaches good character and/or exemplary conduct the landlord is a vulnerable individual, where vulnerability is linked to the breach being committed acceptance of guilt

Aggravating Factors

(Matters increasing severity)

Mitigating Factors

(Matters reducing severity)

if the leaseholder is vulnerable individual
the landlord's history of compliance or previous convictions related to the breach
whether the breach was motivated by financial gain
if there has been any obstruction of justice
any deliberate concealment of the activity or evidence
established evidence of wider / community impact
obstruction of the investigation
record of poor compliance
refusal of advice or training

high level of co-operation with the investigation, beyond that which will always be expected
evidence of voluntary steps to remedy the breach, including prompt repayment of prohibited rent
evidence of health reasons preventing reasonable compliance (poor mental health, unforeseen health issues and/or emergency health concerns)
no previous breaches
good character and/or exemplary conduct
the landlord is a vulnerable individual, where vulnerability is linked to the breach being committed
acceptance of guilt

Previous : Step 2 - Starting points and category range Next : Step 4 - Fairness and Proportionality

Print entire document (opens new window)

You are currently offline

View full notice

Enforcement Policy - Leasehold Reform (Ground Rent) Act 2022

Step 3 - Aggravating and mitigating factors