SCHEDULES

SCHEDULE 4E+W Rights exercisable by surveyor appointed by tenants’ association

Modifications etc. (not altering text)

C1Sch. 4 extended to Crown land (prosp.) by 2002 c. 15, ss. 172(1)(g), 181(1)

Sch. 4 (except para. 7) modified (prosp.) by 2002 c. 15, ss. 102(1), 181(1), Sch. 7 para. 15(1)

Right to inspect documents, &c.E+W

3(1)The surveyor has a right to require the landlord or any other relevant person—E+W

(a)to afford him reasonable facilities for inspecting any documents sight of which is reasonably required by him for the purposes of his functions, and

(b)to afford him reasonable facilities for taking copies of or extracts from any such documents.

(2)In sub-paragraph (1) “other relevant person” means a person other than the landlord who is or, in relation to a future service charge, will be—

(a)responsible for applying the proceeds of the service charge, or

(b)under an obligation to a tenant who pays the service charge in respect of any matter to which the charge relates.

(3)The rights conferred on the surveyor by this paragraph are exercisable by him by notice in writing given by him to the landlord or other person concerned.

Where a notice is given to a person other than the landlord, the surveyor shall give a copy of the notice to the landlord.

(4)The landlord or other person to whom notice is given shall, within the period of one week beginning with the date of the giving of the notice or as soon as reasonably practicable thereafter, either—

(a)afford the surveyor the facilities required by him for inspecting and taking copies or extracts of the documents to which the notice relates, or

(b)give the surveyor a notice stating that he objects to doing so for reasons specified in the notice.

(5)Facilities for the inspection of any documents required under sub-paragraph (1)(a) shall be made available free of charge.

This does not mean that the landlord cannot treat as part of his costs of management any costs incurred by him in connection with making the facilities available.

(6)A reasonable charge may be made for facilities for the taking of copies or extracts required under sub-paragraph (1)(b).

(7)A notice is duly given under this paragraph to the landlord of a tenant if it is given to a person who receives on behalf of the landlord the rent payable by that tenant.

A person to whom such a notice is so given shall forward it as soon as may be to the landlord.