Failure to comply with a repairing standard enforcement order
If the landlord fails to comply with an enforcement order there are a number of potential consequences.
Has the landlord failed to comply
It will be for the First Tier Tribunal Housing and Property Chamber to establish whether the landlord has failed to comply with the repairing standard enforcement order. [1]
Notifying the local authority
Notification of a landlord's failure to comply with a repairing standard enforcement order will have to be sent to the local authority. [2] It is possible that the local authority will carry out the work required. For more information, please see the section on local authority powers.
Consequences of failure to comply
If the tribunal determines that the landlord has failed to comply with the repairing standard enforcement order within the specified or extended deadline, without a reasonable excuse, they will have committed an offence. [3] (Examples of a reasonable excuse include not being able to obtain the necessary rights to carry out the work, ie being unable to gain access to the property, or the work required being likely to endanger someone.) [4]
Such an offence could result in a summary conviction and a fine. [5]
The tenant or landlord will be able to appeal a decision about compliance with the repairing standard enforcement order. The appeal can only be about a point of law. The appeal must be made within 30 days of being notified about the decision. [6]
The tribunal will be able to issue a rent relief order reducing the rent payable under the tenancy until the repairing standard enforcement order has been complied with.
Landlord has been unable to comply
The tribunal will be able to determine that the landlord has been unable to comply with the repairing standard enforcement order if the landlord has been unable to carry out the work required because of a lack of rights, despite having tried to obtain them, or the landlord has not carried out the work because they believed that to do so would be dangerous. [7]
In this case, the local authority will have to be notified that the landlord has been unable to comply with the repairing standard enforcement order. [8] It is possible that the local authority will carry out the work required. For more information, please see the section on local authority repairs.
Last updated: 10 February 2020