PART 1SAFETY OF BUILDINGS CONTAINING TWO OR MORE RESIDENTIAL UNITS
CHAPTER 8DUTIES OF RESIDENTS AND OWNERS ETC. OF RESIDENTIAL UNITS
61Power of residential property tribunal to make contravention order
(1)
An accountable person for a regulated building may apply to a residential property tribunal for a contravention order to be made in respect of a person where the accountable person—
(a)
has given a warning notice to the person in accordance with section 59, and
(b)
considers that the person has—
(i)
failed to take a step specified in the notice under section 59(6)(b), or
(ii)
done an act specified in the notice under section 59(6)(c).
(2)
An accountable person for a regulated building may apply to a residential property tribunal for a contravention order to be made in respect of a person where the accountable person—
(a)
has given a warning notice to the person in accordance with section 60, and
(b)
considers that the person has failed to carry out the repairs specified in the notice under section 60(3)(a).
(3)
But an accountable person may not apply for a contravention order unless that person has given to the building safety authority and the fire safety authority for the building a notice setting out the intention to apply for an order.
(4)
A contravention order is—
(a)
in a case in which a warning notice was given under section 59, an order doing either or both of the following—
(i)
requiring the person in respect of whom it is made to take specified steps (which may include the provision of specified information or the payment of a specified sum) within a specified period;
(ii)
prohibiting the person from doing a specified act;
(b)
in a case in which a warning notice was given under section 60, an order requiring the person in respect of whom it is made to carry out specified repairs.
(5)
In subsection (4) “specified” means specified in the order.
(6)
A residential property tribunal may make a contravention order in respect of a person if satisfied that—
(a)
a warning notice has been given to the person in accordance with section 59 or 60,
(b)
the contravention or failure specified in the notice occurred, and
(c)
it is necessary to make the order.
(7)
If the steps specified in a warning notice given under section 59 included payment of a sum, the contravention order may require the person to pay a sum specified in the order to the accountable person.