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Author Topic: "Non Compliant" Fire Assessment for HMO??  (Read 12028 times)

Offline Mike Buckley

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Re: "Non Compliant" Fire Assessment for HMO??
« Reply #15 on: June 22, 2012, 04:49:48 PM »
A different aspect of this is the superior legislation. A colleague had a similar case involving the DDA where there was a conflict with that and the RRO. He was expecting a fight but the result was that the RRO was superior to the DDA. The reason being that the importance of the legislation is determined by the penalties imposed by the legislation. In the case of the DDA the only access is via the Civil Courts and damages are determined. The RRO however is criminal law governed by the criminal courts and the penalties are fines and imprisonment, the RRO wins.

Looking at the Housing Act this is dealt with in the Civil Courts like the DDA, hence I would think the RRO is the superior legislation.

Anyone got a pet lawyer?
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The presence of those seeking the truth is infinitely to be preferred to those who think they've found it.

Offline longjohn

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Re: "Non Compliant" Fire Assessment for HMO??
« Reply #16 on: July 11, 2012, 03:42:51 PM »
You are not alone Willaim 29, I wonder if anyone has considered the words 'Regulatory Reform' in all of this! Good luck, I think your EHO has moved to my area!!!
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Offline wee brian

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Re: "Non Compliant" Fire Assessment for HMO??
« Reply #17 on: July 21, 2012, 08:50:23 PM »
Law is law, they don't have leagues divisions etc. You have to comply with all of them.

If you lock wheelchair users out of your building and cite the RRO as a defense against the DDA (or what its called now) then you will be on a sticky wicket.

 The issue here is about proper application.
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