Part 2Dispute resolution
Effect of failure to comply with property factor enforcement order
I124Property factor enforcement order: offences
1
A person who, without reasonable excuse, fails to comply with a property factor enforcement order commits an offence.
2
For the purposes of subsection (1), a person has reasonable excuse for failing to comply with a property factor enforcement order if––
a
the person 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
any action 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 person cannot be guilty of an offence under subsection (1) unless the F1First-tier Tribunal which made the property factor enforcement order in question F1has decided under section 23(1) that the property factor has failed to comply with it (but such a decision does not establish a presumption that the person has committed an offence under subsection (1)).
5
A person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.