Section 42B — Landlord and Tenant Act 1987: Failure to comply with section 42A

Failure to comply with section 42A 42B 1 If a person fails, without reasonable excuse, to comply with a duty imposed on him by or by virtue of section 42A he commits an offence.

2 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

3 Where an offence under this section committed by a body corporate is proved—

a to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in such a capacity, or b to be due to any neglect on the part of such an officer or person, he, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

4 Where the affairs of a body corporate are managed by its members, subsection (3) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

5 Proceedings for an offence under this section may be brought by a local housing authority (within the meaning of section 1 of the Housing Act 1985 (c. 68)).