Subsection (3) applies where—
a landlord contravenes section 22, and
a person acting as the landlord's agent ("the agent") is responsible for the contravention.
For the purposes of this Chapter, an agent is responsible for a landlord's contravention of section 22 if (and only if)—
the agent acts in the course of a business, and
under arrangements made with the landlord in writing, the agent was under an obligation for the purposes of this Chapter to comply with the prescribed requirements on behalf of the landlord.
The Secretary of State may give the agent a notice requiring the agent to pay a penalty.
The amount of the penalty is such an amount as the Secretary of State considers appropriate, but the amount must not exceed £20,000.
The Secretary of State may by order amend the amount for the time being specified in subsection (4).