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Part IE+W LANDLORD AND TENANT

Chapter IE+W COLLECTIVE ENFRANCHISEMENT IN CASE OF TENANTS OF FLATS

Preliminary inquiries by tenantsE+W

12 Right of qualifying tenant to obtain information about other matters.E+W

(1)Any notice given by a qualifying tenant under section 11(4) shall, in addition to any other requirement imposed in accordance with that provision, require the recipient to give the tenant—

(a)the information specified in subsection (2) below; and

(b)(so far as known to the recipient) the information specified in subsection (3) below.

(2)The information referred to in subsection (1)(a) is—

(a)whether the recipient has received in respect of any premises containing the tenant’s flat—

(i)a notice under section 13 in the case of which the relevant claim is still current, or

(ii)a copy of such a notice; and

(b)if so, the date on which the notice under section 13 was given and the name and address of the nominee purchaser for the time being appointed for the purposes of section 15 in relation to that claim.

(3)The information referred to in subsection (1)(b) is—

(a)whether the tenant’s flat is comprised in any property in the case of which any of paragraphs (a) to (d) of section 31(2) is applicable; and

(b)if paragraph (b) or (d) of that provision is applicable, the date of the application in question.

(4)Where—

(a)within the period of six months beginning with the date of receipt of a notice given by a tenant under section 11(4), the recipient of the notice receives in respect of any premises containing the tenant’s flat—

(i)a notice under section 13, or

(ii)a copy of such a notice, and

(b)the tenant is not one of the qualifying tenants by whom the notice under section 13 is given,

the recipient shall, within the period of 28 days beginning with the date of receipt of the notice under section 13 or (as the case may be) the copy, notify the tenant of the date on which the notice was given and of the name and address of the nominee purchaser for the time being appointed for the purposes of section 15 in relation to the relevant claim.

(5)Where—

(a)the recipient of a notice given by a tenant under section 11(4) has, in accordance with subsection (1) above, informed the tenant of any such application as is referred to in subsection (3)(b) above; and

(b)within the period of six months beginning with the date of receipt of the notice, the application is either granted or refused by the Commissioners of Inland Revenue or is withdrawn by the applicant,

the recipient shall, within the period of 28 days beginning with the date of the granting, refusal or withdrawal of the application, notify the tenant that it has been granted, refused or withdrawn.

(6)In this section “the relevant claim”, in relation to a notice under section 13, means the claim in respect of which that notice is given; and for the purposes of subsection (2) above any such claim is current if—

(a)that notice continues in force in accordance with section 13(11), or

(b)a binding contract entered into in pursuance of that notice remains in force, or

(c)where an order has been made under section 24(4)(a) or (b) or 25(6)(a) or (b) with respect to any such premises as are referred to in subsection (2)(a) above, any interests which by virtue of the order fall to be vested in the nominee purchaser have yet to be so vested.