Part 1Housing standards
Chapter 4The repairing standard
Enforcement of repairing standard
28The repairing standard: offences
(1)
A landlord who, without reasonable excuse, fails to comply with a repairing standard enforcement order commits an offence.
(2)
For the purposes of subsection (1), a landlord has reasonable excuse for failing to comply with a repairing standard enforcement order if—
(a)
the landlord is unable to comply with the order because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or
(b)
the work required by the order is likely to endanger any person.
(3)
Subsection (2) does not affect the generality of the defence of reasonable excuse.
(4)
A landlord cannot be guilty of an offence under subsection (1) unless the F1First-tier Tribunal has decided that the landlord has failed to comply with it (but such a decision does not establish a presumption that the landlord has committed an offence under subsection (1)).
(5)
A landlord commits an offence if the landlord enters into a tenancy or occupancy arrangement in relation to a house at any time during which a repairing standard enforcement order has effect in relation to the house.
(6)
A landlord does not commit an offence under subsection (5) if the F2First-tier Tribunal has consented to the landlord entering into the tenancy or occupancy arrangement.
(7)
A landlord who is guilty of an offence under subsection (1) or (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.