Offences Related to Assured Tenancies HA 1988 s. 16J

A relevant person is guilty of an offence if, in relation to an assured tenancy— the person relies on a ground in Schedule 2, knowing that the landlord would not be able to obtain an order for possession on that ground, or being reckless as to whether the landlord would be able to do so, and the tenant surrenders the tenancy within the period of four months beginning with the date the ground was relied on, without an order for possession of the dwelling-house being made. A person is guilty of an offence if the person contravenes section 16E(2) or (3) but it is a defence for a person who contravenes section 16E(3) otherwise than as a landlord to show that they took all reasonable steps to avoid contravening it. A person is guilty of an offence if— a relevant penalty has been imposed on the person and the final notice imposing the penalty has not been withdrawn, and the conduct in respect of which the penalty was imposed continues after the end of the period of 28 days beginning with— the day after that on which the penalty was imposed on the person, or if the person appeals against the final notice in respect of the penalty within that period, the day after that on which the appeal is finally determined, withdrawn or abandoned. A person is guilty of an offence if— the person conducts themselves in a manner giving rise to liability to a financial penalty under section 16I, and within the period of five years ending with the day on which the conduct occurs— a relevant penalty has been imposed on the person for different conduct and the final notice imposing the penalty has not been withdrawn, or the person has been convicted of an offence under this section for different conduct. In subsections (3) and (4) “ relevant penalty ” means a financial penalty which is imposed under section 16I or 16K where— the period for bringing an appeal against the penalty under paragraph 10(2) of Schedule 2ZA has expired without an appeal being brought, an appeal against the financial penalty under that paragraph has been withdrawn or abandoned, or the final notice imposing the penalty has been confirmed or varied on appeal. A person may not be convicted of an offence under subsection (1), (2) or (4) in respect of any conduct if a financial penalty has been imposed under section 16I or 16K in respect of that conduct. Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly. Where an offence under subsection (2) committed by a body corporate is proved to be attributable to any neglect on the part of an officer of a body corporate, the officer as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly. Where the affairs of a body corporate are managed by its members, subsections (7) and (8) apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were an officer of the body corporate. A person guilty of an offence under this section is liable on summary conviction to a fine.