Housing and Planning Act 2016

130 Tenants' associations: power to request information about tenants E+W

After section 29 of the Landlord and Tenant Act 1985 insert—

“29A Tenants' associations: power to request information about tenants

(1) The Secretary of State may by regulations impose duties on a landlord to provide the secretary of a relevant tenants' association with information about relevant qualifying tenants.

(2) The regulations may—

(a) make provision about the tenants about whom information must be provided and what information must be provided;

(b) require a landlord to seek the consent of a tenant to the provision of information about that tenant;

(c) require a landlord to identify how many tenants have not consented.

(3) The regulations may—

(a) authorise a landlord to charge costs specified in or determined in accordance with the regulations;

(b) impose time limits on a landlord for the taking of any steps under the regulations;

(c) make provision about the form or content of any notices under the regulations (including provision permitting or requiring a person to design the form of a notice);

(d) make other provision as to the procedure in connection with anything authorised or required by the regulations.

(4) The regulations may confer power on a court or tribunal to make an order remedying a failure by a landlord to comply with the regulations.

(5) The regulations may include supplementary, incidental, transitional or saving provision.

(6) Regulations under this section are to be made by statutory instrument.

(7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(8) In this section—

• “relevant tenants' association”, in relation to a landlord, means an association of tenants of the landlord at least one of whom is a qualifying tenant of a dwelling in England;

• “relevant qualifying tenant” means—

  (a)

  a person who is a qualifying tenant of a dwelling in England and a member of the relevant tenants' association, or

  (b)

  a person who is a qualifying tenant of a dwelling in England by virtue of being required to contribute to the same costs as a qualifying tenant who is a member of the relevant tenants' association;

• “qualifying tenant” means a tenant who, under the terms of the lease, is required to contribute to the same costs as another tenant by the payment of a service charge.”