Leasehold Reform, Housing and Urban Development Act 1993

11 Right of qualifying tenant to obtain information about superior interests etc. E+W

(1) A qualifying tenant of a flat may give—

(a) to [F1 any immediate landlord of his], or

(b) to any person receiving rent on behalf of [F1 any immediate landlord of his],

a notice requiring the recipient to give the tenant (so far as known to the recipient) the name and address of [F1 every person who owns a freehold interest in] the relevant premises and the name and address of every other person who has an interest to which subsection (2) applies.

(2) In relation to a qualifying tenant of a flat, this subsection applies to the following interests, namely—

(a) the freehold of any property not contained in the relevant premises—

(i) which is demised by the lease held by the tenant, or

(ii) which the tenant is entitled under the terms of his lease to use in common with other persons; and

(b) any leasehold interest in the relevant premises or in any such property which is superior to that of [F2 any immediate landlord of the tenant].

(3) Any qualifying tenant of a flat may give to [F3 any person who owns a freehold interest in] the relevant premises a notice requiring him to give the tenant (so far as known to him) the name and address of every person, apart from the tenant, who is—

(a) a tenant of the whole of the relevant premises, or

(b) a tenant or licensee of any separate set or sets of premises contained in the relevant premises, or

(c) a tenant or licensee of the whole or any part of any common parts so contained or of any property not so contained—

(i) which is demised by the lease held by a qualifying tenant of a flat contained in the relevant premises, or

(ii) which any such qualifying tenant is entitled under the terms of his lease to use in common with other persons.

(4) Any such qualifying tenant may also give—

[F4 (a) to any person who owns a freehold interest in the relevant premises,

(aa) to any person who owns a freehold interest in any such property as is mentioned in subsection (3)(c),]

(b) to any person falling within subsection (3)(a), (b) or (c),

a notice requiring him to give the tenant—

(i) such information relating to his interest in the relevant premises or (as the case may be) in any such property F5 . . ., or

(ii) (so far as known to him) such information relating to any interest derived (whether directly or indirectly) out of that interest,

as is specified in the notice, where the information is reasonably required by the tenant in connection with the making of a claim to exercise the right to collective enfranchisement in relation to the whole or part of the relevant premises.

(5) Where a notice is given by a qualifying tenant under subsection (4), the following rights shall be exercisable by him in relation to the recipient of the notice, namely—

(a) a right, on giving reasonable notice, to be provided with a list of documents to which subsection (6) applies;

(b) a right to inspect, at any reasonable time and on giving reasonable notice, any documents to which that subsection applies; and

(c) a right, on payment of a reasonable fee, to be provided with a copy of any documents which are contained in any list provided under paragraph (a) or have been inspected under paragraph (b).

(6) This subsection applies to any document in the custody or under the control of the recipient of the notice under subsection (4)—

(a) sight of which is reasonably required by the qualifying tenant in connection with the making of such a claim as is mentioned in that subsection; and

(b) which, on a proposed sale by a willing seller to a willing buyer of the recipient’s interest in the relevant premises or (as the case may be) in any such property as is mentioned in subsection (3)(c), the seller would be expected to make available to the buyer (whether at or before contract or completion).

(7) Any person who—

(a) is required by a notice under any of subsections (1) to (4) to give any information to a qualifying tenant, or

(b) is required by a qualifying tenant under subsection (5) to supply any list of documents, to permit the inspection of any documents or to supply a copy of any documents,

shall comply with that requirement within the period of 28 days beginning with the date of the giving of the notice referred to in paragraph (a) or (as the case may be) with the date of the making of the requirement referred to in paragraph (b).

(8) Where—

(a) a person has received a notice under subsection (4), and

(b) within the period of six months beginning with the date of receipt of the notice, he—

(i) disposes of any interest (whether legal or equitable) in the relevant premises [F6 or in any such property as is mentioned in subsection (3)(c)] otherwise than by the creation of an interest by way of security for a loan, or

(ii) acquires any such interest (otherwise than by way of security for a loan),

then (unless that disposal or acquisition has already been notified to the qualifying tenant in accordance with subsection (7)) he shall notify the qualifying tenant of that disposal or acquisition within the period of 28 days beginning with the date when it occurred.

(9) In this section—

• [F7 “document” means anything in which information of any description is recorded, and in relation to a document in which information is recorded otherwise than in legible form any reference to sight of the document is to sight of the information in legible form;]

• “the relevant premises”, in relation to any qualifying tenant of a flat, means—

  (a)

  if the person who owns the freehold interest in the flat owns [F8 , or the persons who own the freehold interests in the flat own,] the freehold of the whole of the building in which the flat is contained, that building, or

  (b)

  if that person owns [F8 , or those persons own,] the freehold of part only of that building, that part of that building;

and any reference to an interest in the relevant premises includes an interest in part of those premises.

Textual Amendments

F1 Words in s. 11(1) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 5(2)(a)(b); S.I. 1996/2212, art. 2(2) (with savings in Sch.)

F2 Words in s. 11(2)(b) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 5(3); S.I. 1996/2212, art. 2(2) (with saving in Sch.)

F3 Words in s. 11(3) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 5(4); S.I. 1996/2212, art. 2(2) (with saving in Sch.)

F4 S. 11(4)(a)(aa) substituted (1.10.1996) for s. 11(4)(a) by 1996 c. 52, s. 107, Sch. 10 para. 5(5); S.I. 1996/2212, art. 2(2) (with savings in Sch.)

F5 Words in s. 11(4)(i) repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. V; S.I. 1996/2212, art. 2(2) (with savings in Sch.)

F6 Words in s. 11(8)(b)(i) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 5(6); S.I. 1996/2212, art. 2(2) (with saving in Sch.)

F7 S. 11(9); definition of 'document' substituted (31.1.1997) by 1995 c. 38, s. 15(1), Sch. 1 para.17 (with ss. 1(3), 6(4)(5), 14); S.I. 1996/3217 art.2

F8 Words in s. 11(9)(a)(b) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 5(7)(a)(b); S.I. 1996/2212, art. 2(2) (with saving in Sch.)