The Housing Benefit (Information from Landlords and Agents) Regulations 1997

Relevant information E+W+S

4.—(1) The information the supplier is to supply to the requirer is that prescribed in paragraphs (2) and (3) (referred to in these Regulations as “the relevant information").

(2) For a supplier who falls within paragraph (4) or sub-section (2)(b) (“the landlord"), the information is—

(a) where the landlord is a natural person—

(i) his appropriate details;

(ii) the relevant particulars of any residential property in which he has an interest; and

(iii) the appropriate details of any body corporate, in which he is a major shareholder or of which he is a director and which has an interest in residential property;

(b) where the landlord is a trustee, except a trustee of a charity, in addition to any information that he is required to supply in accordance with sub-paragraph (a) or (c), as the case may be, the relevant particulars of any residential property held by the trust of which he is a trustee and the name and address of any beneficiary under the trust or the objects of that trust, as the case may be;

(c) where the landlord is a body corporate or otherwise not a natural person, other than a charity—

(i) its appropriate details;

(ii) the relevant particulars of any residential property in which it has an interest;

(iii) the names and addresses of any directors of it;

(iv) the appropriate details of any person—

(aa) who owns 20 per cent. or more of it; or

(bb) of whom it owns 20 per cent. or more; and

(v) the names and addresses of its major shareholders.

(d) where the landlord is a charity F1 ... the appropriate details relating to the landlord and particulars of the landlord’s registration as a charity.

(3) For a supplier who falls within subsection (2)(c) or paragraph (5) (“the agent"), the information is—

(a) the name and address of any person (“his principal")—

(i) to whom the agent has agreed to make payments in consequence of being entitled to receive relevant payments; or

(ii) for whom the agent is acting on behalf of or in connection with any aspect of the management of a dwelling,

as the case may be;

(b) the relevant particulars of any residential property in respect of which the agent—

(i) has agreed to make payments in consequence of being entitled to receive relevant payments; or

(ii) is acting on behalf of his principal in connection with any aspect of its management;

(c) where the agent is a natural person—

(i) the relevant particulars of any residential property in which he has an interest;

(ii) the appropriate details of any body corporate or any person otherwise not a natural person, in which he is a major shareholder or of which he is a director and which has any interest in residential property; or

(d) where the agent is a body corporate or other than a natural person—

(i) the relevant particulars of any residential property in which it has an interest;

(ii) the names and addresses of any directors of or major shareholders in the agent; and

(iii) the appropriate details of any person—

(aa) who owns 20 per cent. or more of the agent; or

(bb) of whom the agent owns 20 per cent. or more.

(4) A supplier falls within this paragraph (landlord receiving the rent), if he falls within subsection (2)(a), but does not fall within paragraph (5).

(5) A supplier falls within this paragraph (agent receiving the rent), if he falls within subsection (2)(a) and has agreed to make payments, in consequence of being entitled to receive relevant payments, to a person falling within subsection (2)(b).

(6) For the purposes of this regulation, except where the context otherwise requires—

• “appropriate details" means the name of the person and (in the case of a company) its registered office and, in any case, the full postal address, including post code, of the principal place of business of that person and the telephone and facsimile numbers (if any) of that place;

• [F2 “charity” means, in England and Wales, a charity which is registered under section 3 of the Charities Act 1993 and is not an exempt charity within the meaning of that Act, and in Scotland, a body entered in the Scottish Charity Register;]

• “major shareholder" means, where a body corporate is a company limited by shares, any person holding one tenth or more of the issued shares in that company and, in any other case, all the owners of that body;

• F3 ...

• “relevant particulars" means the full postal address, including post code, and number of current lettings of or within that residential property and, if that property includes two or more dwellings, that address and the number of such lettings for each such dwelling;

• “residential property" includes any premises, situated within the United Kingdom—

  (i)

  used or which has, within the last six months, been used; or

  (ii)

  which may be used or is adapted for use,

  as residential accommodation,

and other expressions used in this regulation and also in the Companies Act 1985 M1 shall have the same meaning in this regulation as they have in that Act.

Textual Amendments

F1 Words in reg. 4(2)(d) omitted (1.4.2006) by virtue of Charities and Trustee Investment (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/242), art. 1(3), Sch. para. 9(a)

F2 Words in reg. 4(6) substituted (1.4.2006) by Charities and Trustee Investment (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/242), art. 1(3), Sch. para. 9(b)(i)

F3 Words in reg. 4(6) omitted (1.4.2006) by virtue of Charities and Trustee Investment (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/242), art. 1(3), Sch. para. 9(b)(ii)

Marginal Citations

M1 1985 c. 6.