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Landlord and Tenant Act 1987, Section 49A is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Where premises to which this Part applies are premises in England which consist of or include a dwelling in a higher-risk building, the landlord must give the tenant a notice containing the relevant building safety information.
(2)Where a landlord fails to give a notice to a tenant in accordance with subsection (1), any rent, service charge or administration charge otherwise due from the tenant to the landlord is to be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord gives the notice to the tenant.
(3)But any such rent, service charge or administration charge is not to be so treated in relation to any time when—
(a)by virtue of an order of any court or tribunal there is in force an appointment of a receiver or manager whose functions include the receiving of rent, service charges or administration charges from the tenant, or
(b)a special measures order (within the meaning of Schedule 7 to the Building Safety Act 2022) is in force.
(4)The requirement to give a notice to a tenant under subsection (1) may be satisfied by giving the notice to them at a time when they are a prospective tenant.
(5)In this section “relevant building safety information” means—
(a)the fact that the premises consist of or include a dwelling in a higher-risk building;
(b)the name of each person listed in subsection (6);
(c)an email address and telephone number through which each person listed in subsection (6) may be contacted;
(d)a postal address in England and Wales at which notices (including notices in proceedings) may be served by the tenant on the principal accountable person for the higher-risk building;
(e)a postal address for the regulator;
(f)such other information as may be prescribed in regulations made by the Secretary of State.
(6)The persons are—
(a)the principal accountable person for the higher-risk building;
(b)any special measures manager for the higher-risk building;
(c)the regulator.
(7)In this section—
“higher-risk building” has the meaning given in section 115 of the Building Safety Act 2022;
“principal accountable person” has the meaning given in section 115 of that Act;
“the regulator” has the meaning given in section 115 of that Act;
“special measures manager” has the meaning given in paragraph 1 of Schedule 7 to that Act.]
Textual Amendments
F1S. 49A inserted (28.4.2022 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 113(3), 170(2) (with s. 164)
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