SCHEDULES

SCHEDULE 11E+W PROCEDURE WHERE COMPETENT LANDLORD IS NOT TENANT’S IMMEDIATE LANDLORD

Commencement Information

I1Sch. 11 wholly in force at 1.11.1993 see s. 188(2) and S.I. 1993/2134, art. 5

Part IE+W PROCEDURE IN RELATION TO TENANT’S NOTICE

Tenant’s notice may be given to any of the other landlordsE+W

1E+WThe tenant’s notice under section 42 shall be regarded as given to the competent landlord for the purposes of subsection (2)(a) of that section if it is given to any of the other landlords instead; and references in this Chapter to the relevant date shall be construed accordingly.

Tenant to give copies of noticeE+W

2(1)Where the tenant’s notice is given to the competent landlord, the tenant shall give a copy of the notice to every person known or believed by him to be one of the other landlords.E+W

(2)Where the tenant’s notice is, in accordance with paragraph 1, given to one of the other landlords, the tenant shall give a copy of the notice to every person (apart from the recipient of the notice) known or believed by the tenant to be either the competent landlord or one of the other landlords.

(3)The tenant’s notice shall state whether copies are being given in accordance with this paragraph to anyone other than the recipient and, if so, to whom.

Recipient of notice or copy to give further copiesE+W

3(1)Subject to sub-paragraph (2), a recipient of the tenant’s notice or of a copy of it (including a person receiving a copy under this sub-paragraph)—E+W

(a)shall forthwith give a copy to any person who—

(i)is known or believed by him to be the competent landlord or one of the other landlords, and

(ii)is not stated in the recipient’s copy of the notice, or known by him, to have received a copy; and

(b)if he knows who is, or he believes himself to be, the competent landlord, shall—

(i)give a notice to the tenant stating who is the person thought by him to be the competent landlord, and

(ii)give a copy of it to that person (if not himself) and to every person known or believed by him to be one of the other landlords.

(2)Sub-paragraph (1) does not apply where the recipient is neither the competent landlord nor one of the other landlords.

(3)Where a person gives any copies of the tenant’s notice in accordance with sub-paragraph (1)(a), he shall—

(a)supplement the statement under paragraph 2(3) by adding any further persons to whom he is giving copies or who are known by him to have received one; and

(b)notify the tenant of the persons added by him to that statement.

Consequences of failure to comply with paragraph 2 or 3E+W

4(1)Where—E+W

(a)the competent landlord or any of the other landlords does not receive a copy of the tenant’s notice before the end of the period specified in it in pursuance of section 42(3)(f), but

(b)he was given a notice under section 41 by the tenant and, in response to the notice under that section, notified the tenant of his interest in the tenant’s flat,

the tenant’s notice shall cease to have effect at the end of that period.

(2)Where—

(a)sub-paragraph (1) does not apply, but

(b)any person fails without reasonable cause to comply with paragraph 2 or 3 above, or is guilty of any unreasonable delay in complying with either of those paragraphs,

he shall be liable for any loss thereby occasioned to the tenant or to the competent landlord or any of the other landlords.