Part I Tenants’ Rights of First Refusal
F1 Rights of first refusal
10AF2Offence of failure to comply with requirements of Part I.
1
A landlord commits an offence if, without reasonable excuse, he makes a relevant disposal affecting premises to which this Part applies—
a
without having first complied with the requirements of section 5 as regards the service of notices on the qualifying tenants of flats contained in the premises, or
b
in contravention of any prohibition or restriction imposed by sections 6 to 10.
2
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
Where an offence under this section committed by a body corporate is proved—
a
to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in such a capacity, or
b
to be due to any neglect on the part of such an officer or person,
he, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, the above provision applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
Proceedings for an offence under this section may be brought by a local housing authority (within the meaning of section 1 of the M1Housing Act 1985).
5
Nothing in this section affects the validity of the disposal.
Ss. 5, 5A-5E, 6, 7, 8, 8A-8E, 9A, 9B, 10 and crossheading substituted for ss. 5-10 (1.10.1996) by 1996 c. 52, s. 92(1), Sch. 6 Pt. I; S.I. 1996/2212, art. 2(2) (with Sch.)