# Housing (Scotland) Act 2006, Section 26: Effect of failure to comply with repairing standard enforcement order

Extent: S

(1) It is for the First-tier Tribunal to decide whether a landlord has complied with a repairing standard enforcement order made by the First-tier Tribunal.
(2) Where the First-tier Tribunal decides that a landlord has failed to comply with the repairing standard enforcement order, the First-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 First-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 First-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 First-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 First-tier Tribunal must serve notice on the local authority stating that it considers the landlord to be unable to comply with the repairing standard enforcement order.

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Source: https://www.legislation.gov.uk/asp/2006/1/section/26 (the official version)
Page: https://openlegislation.uk/housing-scotland-act-2006/section-26
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.