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.