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I believe that they would be in contempt of court by not complying with the Court order i(f so done) to have the violations completed. Notify the Court asap and they could then pursue the matter similar to not paying a fine. Check with your prosecution or the Crown.
I have issued inspection orders successfully in both cases. In serious cases where warranted Part 15’s have been issued on several locations in single and multi unit residential units. Hope this helps.
Considering recent events I would agree this is a concern. if nothing else I would get the flame spread and smoke developed classification on the furniture and see if that is a concern. You could request the information without the use of an order and if the results come back or they are unwilling to comply then issue and order based on the safety of the residents. May be the best approach/answer. Great issue for debate as this is very common in a lot of apartment buildings.
I recently emailed the list to my local landlords association to advise of the new mechanism for penalties. I have used the Part 1 for two incidents of failure to maintain closures and alarm maintenance. So far it has been beneficial and compliance has been quick. The threat of additional fines seems to do the trick thus far.
If it involves smoke alarms and it’s a rental property we interview the tenants and the owners. If the owner is not doing due diligence then we prosecute under Part 3 and if the tenant is at fault then it’s a Part 1. We feel that the owner should assume more responsibility than the tenant in certain cases. Now with the number of part 1 offences increasing we may start to issue more part 1’s. The Order system is too slow and I prefer to enforce immediately and rectify after. I have had good success with this system so far with only two cases going to actual trial most are resolved on the first appearance.
