Section 26 Effect of failure to comply with repairing standard enforcement order

Scotland

(1)

It is for the F1First-tier Tribunal to decide whether a landlord has complied with a repairing standard enforcement order made by the F2First-tier Tribunal.

(2)

Where the F3First-tier Tribunal decides that a landlord has failed to comply with the repairing standard enforcement order, the F4First-tier Tribunal must—

(a)

serve notice of the failure on the local authority, and

(b)

decide whether to make a rent relief order.

(3)

The F5First-tier Tribunal may not decide that a landlord has failed to comply with a repairing standard enforcement order—

(a)

unless the period within which the order requires the work to be completed has ended, or

(b)

if the F6First-tier Tribunal is satisfied, on the submission of the landlord or otherwise—

(i)

that the landlord 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

(ii)

that the work required by the order is likely to endanger any person.

(4)

Where the F7First-tier Tribunal is prevented by reason only of subsection (3)(b) from deciding that a landlord has failed to comply with a repairing standard enforcement order, the F8First-tier Tribunal must serve notice on the local authority stating that F9it considers the landlord to be unable to comply with the repairing standard enforcement order.

Annotations

Textual amendments

F1: Words in s. 26(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(7)(a)(i) (with sch. 1)
F2: Words in s. 26(1) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(7)(a)(ii) (with sch. 1)
F3: Word in s. 26(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(7)(b)(i) (with sch. 1)
F4: Words in s. 26(2) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(7)(b)(ii) (with sch. 1)
F5: Words in s. 26(3) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(7)(c)(i) (with sch. 1)
F6: Word in s. 26(3)(b) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(7)(c)(ii) (with sch. 1)
F7: Words in s. 26(4) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(7)(d)(i) (with sch. 1)
F8: Words in s. 26(4) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(7)(d)(ii) (with sch. 1)
F9: Word in s. 26(4) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Private Rented Housing Committees) Regulations 2016 (S.S.I. 2016/337), reg. 1(2), sch. 2 para. 6(7)(d)(iii) (with sch. 1)