Paragraph 6 Conditions relating to expulsion

(1)

The scheme must provide that the responsible individual may expel a scheme member from the scheme only—

(a)

where the member has—

(i)

failed to comply with a redress order;

(ii)

failed to comply with an enforcement order;

(iii)

failed to pay fees or fines when due under the scheme;

(iv)

submitted information or evidence which is false or misleading to the scheme administrator, responsible individual or an individual investigating or determining a complaint;

(v)

obstructed or attempted to obstruct the investigation or determination of a complaint under the scheme;

(vi)

breached a relevant banning order, and

(b)

once—

(i)

the responsible individual has informed the member that the member risks being expelled and the reason for this,

(ii)

the member has been given an opportunity to make written representations about the decision to expel them,

(iii)

the decision to expel the member has been reviewed by an independent person after considering any written representations made,

(iv)

the independent person has provided the responsible individual with a report on their review, and

(v)

the responsible individual has considered the report and any written representations.

(2)

The scheme must provide that—

(a)

the responsible individual must notify an expelled scheme member of the reasonably practicable action they must take in order to remedy their wrongdoing;

(b)

the responsible individual must revoke an expulsion where the scheme member has taken the reasonably practicable action notified to the member by the responsible individual in accordance with the provision included in the scheme in accordance with paragraph (a);

(c)

where it is not possible for the expelled scheme member to take reasonably practicable action to remedy their wrongdoing, the responsible individual may revoke the expulsion where the responsible individual considers it appropriate to do so.

(3)

The scheme must provide that a person is prohibited from joining the scheme when the person has been expelled from another landlord redress scheme, except where—

(a)

the expulsion has been revoked, or

(b)

the scheme which expelled the person has closed and—

(i)

the person has taken the reasonably practicable action notified to them by the responsible individual for the scheme which expelled the person,

(ii)

the person has taken the reasonably practicable action notified to them by the responsible individual for the scheme, or

(iii)

where it is not possible for the person to take reasonably practicable action to remedy their wrongdoing, the responsible individual considers it appropriate to allow them to join the scheme.

(4)

In this paragraph, “relevant banning order” has the meaning given in section 83(12) of the Act.