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39.(1) If the landlord under a private tenancy fails to comply with Article 38, he and, subject to paragraph (4), any person who on his behalf demands or receives rent in respect of the dwelling-house held under that tenancy while the failure continues shall be guilty of an offence. (2) Any person guilty of an offence under paragraph (1) shall be liable to a fine not exceeding #400. (3) If any default in respect of which a landlord is convicted of an offence under paragraph (1) continues for more than fourteen days after that conviction, that landlord shall be deemed to have committed a further offence under that paragraph in respect of that default. (4) If any person other than the landlord is charged with an offence under paragraph (1), it shall be a defence for him to prove that he neither knew nor had reasonable cause to believe that Article 38 had not been complied with.
© 1978 Crown Copyright
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