Part I LANDLORD AND TENANT
C1C2Chapter V TENANTS’ RIGHT TO MANAGEMENT AUDIT
Pt. 1 Ch. 5 extended to Crown Land (30.9.2003 for E. for specified purposes, 30.3.2004 for W. for specified purposes, 28.2.2005 for E. for specified purposes, 31.5.2005 for W. for specified purposes) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 172, 181(1); S.I. 2003/1986, art. 2(c)(ii) (with Sch. 2); S.I. 2004/669, art. 2(c)(ii) (with Sch. 2); S.I. 2004/3056, art. 3(h) (with art. 4); S.I. 2005/1353, art. 2(h)
81 Procedure following giving of notice under section 80.
1
Where the landlord is given a notice under section 80, then within the period of one month beginning with the date of the giving of the notice, he shall—
a
supply the auditor with any document specified under subsection (3)(c)(i) of that section, and afford him, in respect of any document falling within section 79(2)(a)(ii), any facilities specified in relation to it under subsection (3)(c)(ii) of section 80;
b
in the case of every other document or description of documents specified in the notice under subsection (3)(c)(ii) of that section, either—
i
afford the auditor facilities for inspection or (as the case may be) taking copies or extracts in respect of that document or those documents, or
ii
give the auditor a notice stating that he objects to doing so for such reasons as are specified in the notice; and
c
if a date is specified in the notice under subsection (3)(d) of that section, either approve the date or propose another date for the carrying out of an inspection under section 79(4).
2
Any date proposed by the landlord under subsection (1)(c) must be a date falling not later than the end of the period of two months beginning with the date of the giving of the notice under section 80.
3
Where a relevant person is given a notice under section 79 requiring him to afford the auditor facilities for inspection or taking copies or extracts in respect of any documents or description of documents specified in the notice, then within the period of one month beginning with the date of the giving of the notice, he shall, in the case of every such document or description of documents, either—
a
afford the auditor the facilities required by him; or
b
give the auditor a notice stating that he objects to doing so for such reasons as are specified in the notice.
4
If by the end of the period of two months beginning with—
a
the date of the giving of the notice under section 80, or
b
the date of the giving of such a notice under section 79 as is mentioned in subsection (3) above,
the landlord or (as the case may be) a relevant person has failed to comply with any requirement of the notice, the court may, on the application of the auditor, make an order requiring the landlord or (as the case may be) the relevant person to comply with that requirement within such period as is specified in the order.
5
The court shall not make an order under subsection (4) in respect of any document or documents unless it is satisfied that the document or documents falls or fall within paragraph (a) or (b) of section 79(2).
6
If by the end of the period of two months specified in subsection (2) no inspection under section 79(4) has been carried out by the auditor, the court may, on the application of the auditor, make an order providing for such an inspection to be carried out on such date as is specified in the order.
7
Any application for an order under subsection (4) or (6) must be made before the end of the period of four months beginning with—
a
in the case of an application made in connection with a notice given under section 80, the date of the giving of that notice; or
b
in the case of an application made in connection with such a notice under section 79 as is mentioned in subsection (3) above, the date of the giving of that notice.
Pt. 1 Ch. 5 modified (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 7 para. 14; S.I. 2003/1986, art. 2(a); S.I. 2004/669, art. 2(a)