327.This section enables an accountable person to apply to the residential property tribunal for a contravention order if an adult resident or owner of a residential unit in a regulated building has been given a warning notice in accordance with section 59 and the accountable person considers that the person has failed to take a step specified in the notice (under section 59(6)(b)) or done an act specified in the notice (under section 59(6)(c)). This section also enables an accountable person to apply to the residential property tribunal for a contravention order if someone with a duty under section 56 has been given a warning notice in accordance with section 60 and the accountable person considers that the person has failed to carry out the repairs specified in the notice (under section 60(3)(a)). This provides a formal enforcement mechanism to ensure compliance with duties under sections 54 to 56. An accountable person can only apply to the residential property tribunal for a contravention order after a notice has been given to the building safety authority and fire safety authority setting out the intention to apply for an order (subsection (2)).
328.The residential property tribunal may make a contravention order if it is satisfied that the person has been given a warning notice in accordance with section 59 or section 60 and, the contravention or failure specified in the notice occurred, and it is necessary to make the order.
329.Where a warning notice has been given under section 59 a contravention order may require the person to take specific steps (including the provision of information and payments of a sum) and/ or prohibit the person from doing a specified act.
330.Example: Despite receiving a warning notice from the accountable person, a resident continues to leave their bicycle in the building’s main stairwell, obstructing the fire escape route. The accountable person applies for a contravention order to the residential property tribunal. The tribunal may make a contravention order if it is satisfied subsection (6) is met. The contravention order could, for example, require the resident to remove the bicycle and prohibit the resident from obstructing the fire escape route in the future.
331.Where a warning notice has been given under section 60 a contravention order may require the person in respect of whom it is made to carry out specified repairs.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Chapter 8 - Duties of Residents and Owners Etc. of Residential Units Section 61 - Power of residential property tribunal to make contravention order