PART 3Tenancy information
First-tier Tribunal’s powers
16First-tier Tribunal’s power to sanction failure to provide information
1
On an application by the tenant under a private residential tenancy, the First-tier Tribunal may make an order under subsection (2) where—
a
the landlord has failed to perform a duty arising by virtue of section 10 or 11 to provide the tenant with information,
b
at the time the First-tier Tribunal considers the application, the landlord has still not provided the tenant with the information, and
c
the landlord does not have a reasonable excuse for failing to perform the duty.
2
An order under this subsection is one requiring the landlord to pay the person who made the application an amount not exceeding—
a
three months’ rent, if the order is in respect of a failure by the landlord to perform—
i
a duty arising by virtue of section 10, or
ii
one or more duties arising by virtue of section 11,
b
six months’ rent, if the order is in respect of a failure by the landlord to perform—
i
a duty arising by virtue of section 10, and
ii
one or more duties arising by virtue of section 11.
3
An application under subsection (1)—
a
may be made only during the course of the tenancy in question,
b
where the application relates to a failure to perform a duty arising by virtue of section 10, may be made only as part of an application under section 14(1), and
c
may not be made unless the tenant has given the landlord notice of the tenant’s intention to make the application and the notice period described in section 17 has expired.
4
If—
a
an application has been made under subsection (1) in respect of a failure to perform a duty arising by virtue of section 11, and
b
at the time the application was made, an application could have been made in respect of a failure to perform another duty arising by virtue of section 11,
no application may be made in respect of that other duty.
5
Where two or more persons jointly are the landlord under the tenancy in question, an order by the First-tier Tribunal under subsection (2) may—
a
be made against all, some or only one of the joint landlords,
b
state that each person against whom the order is made is liable to pay a specified amount, but the cumulative total of each of the specified amounts must not exceed the maximum set by subsection (2),
c
state that each person against whom the order is made is jointly and severally liable for the whole amount to be paid.
6
In a case where two or more persons jointly are the tenant under a tenancy, references to the tenant in this section are to any one of those persons.
7
In subsection (2), “rent” means––
a
the amount that was payable in rent under the tenancy at the time that notice of the application was given to the landlord, and
b
in a case where two or more persons jointly are the tenant under the tenancy, the amount mentioned in paragraph (a) divided by the number of those persons.