Officers' liability for company offences LTA 1985 s. 33
A company officer may be personally liable for an offence under LTA 1985 if they consented, connived, or were negligent.
Where an offence under this Act which has been committed by a body corporate is proved— to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, or to be attributable to any neglect on the part of such an officer or person, he, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished accordingly. Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
If a company commits an offence under the Landlord and Tenant Act 1985, its directors, managers, secretaries or similar officers may also be guilty of the same offence. This happens if the prosecution proves that the officer consented to the offence, connived in it (for example, deliberately ignored it), or that the offence was due to the officer's neglect. The officer can be prosecuted and punished just like the company.
The same rule applies if the company is run by its members. In that case, a member who exercises management functions is treated as a director for this purpose.
When it applies
- A director of a lettings company agrees to the company not issuing a rent book to a tenant, an offence under the Act.
- A manager of a property company neglects to ensure that the company supplies the required information about the tenancy, leading to an offence.
- A secretary of a residents' management company connives in the company's failure to keep proper accounts, which is an offence under the Act.
- A member of a company managed by its members fails to prevent the company from committing an offence under the Act.
What this section does not say
- People wrongly believe that a director is automatically guilty of any offence committed by their company, but this provision requires proof of consent, connivance, or neglect.
- People wrongly believe that this provision allows them to sue the director personally for damages, but it only creates criminal liability.
- People wrongly believe that this provision applies to all employees, but it only covers directors, managers, secretaries, and similar officers.
- People wrongly believe that this provision applies to offences under other Acts, but it only applies to offences under the Landlord and Tenant Act 1985.
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This page reproduces the text of LTA 1985 s. 33 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.