Part 5Home information packs
Duties of a responsible person where a property is on the market
154Application of sections 155 to 158
(1)
Where a residential property is on the market, a person responsible for marketing the property is subject to the duties relating to home information packs that are imposed by sections 155 to 158 until his responsibility ceases.
(2)
Each of those duties is subject to any exception relating to that duty which is provided for in those sections.
(3)
The duty under section 156(1) is also subject to any condition imposed under section 157.
155Duty to have a home information pack
(1)
It is the duty of a responsible person to have in his possession or under his control a home information pack for the property which complies with the requirements of any regulations under section 163.
(2)
That duty does not apply where the responsible person is the seller at any time when—
(a)
there is another person who is responsible for marketing the property under section 152; and
(b)
the seller believes on reasonable grounds that the other responsible person has a home information pack for the property in his possession or under his control which complies with the requirements of any regulations under section 163.
156Duty to provide copy of home information pack on request
(1)
Where a potential buyer makes a request to a responsible person for a copy of the home information pack, or of a document (or part of a document) which is or ought to be included in that pack, it is the duty of the responsible person to comply with that request within the permitted period.
(2)
The responsible person does not comply with that duty unless—
(a)
he provides the potential buyer with a document which is—
(i)
a copy of the home information pack for the property as it stands at the time when the document is provided, or
(ii)
a copy of a document (or part of a document) which is included in that pack,
as the case may be; and
(b)
that pack or document complies with the requirements of any regulations under section 163 at that time.
(3)
In subsection (2) “the home information pack” means the home information pack intended by the responsible person to be the one required by section 155.
(4)
That duty does not apply if, before the end of the permitted period, the responsible person believes on reasonable grounds that the person making the request—
(a)
is unlikely to have sufficient means to buy the property in question;
(b)
is not genuinely interested in buying a property of a general description which applies to the property; or
(c)
is not a person to whom the seller is likely to be prepared to sell the property.
Nothing in this subsection authorises the doing of anything which constitutes an unlawful act of discrimination.
(5)
Subsection (4) does not apply if the responsible person knows or suspects that the person making the request is an officer of an enforcement authority.
(6)
That duty does not apply where the responsible person is the seller if, when the request is made, the duty under section 155 does not (by virtue of subsection (2) of that section) apply to him.
(7)
But where the duty under this section is excluded by subsection (6), it is the duty of the seller to take reasonable steps to inform the potential buyer that the request should be made to the other person.
(8)
The responsible person may charge a sum not exceeding the reasonable cost of making and, if requested, sending a paper copy of the pack or document.
(9)
The permitted period for the purposes of this section is (subject to section 157(5)) the period of 14 days beginning with the day on which the request is made.
(10)
If the responsible person ceases to be responsible for marketing the property before the end of the permitted period (whether because the property has been taken off the market or sold or for any other reason), he ceases to be under any duty to comply with the request.
(11)
A person does not comply with the duty under this section by providing a copy in electronic form unless the potential buyer consents to receiving it in that form.
157Section 156 (1) duty: imposition of conditions
(1)
A potential buyer who has made a request to which section 156(1) applies may be required to comply with either or both of the following conditions before any copy is provided.
(2)
The potential buyer may be required to pay a charge authorised by section 156(8).
(3)
The potential buyer may be required to accept any terms specified in writing which—
(a)
are proposed by the seller or in pursuance of his instructions; and
(b)
relate to the use or disclosure of the copy (or any information contained in or derived from it).
(4)
A condition is only effective if it is notified to the potential buyer before the end of the period of 14 days beginning with the day on which the request is made.
(5)
Where the potential buyer has been so notified of either or both of the conditions authorised by this section, the permitted period for the purposes of section 156 is the period of 14 days beginning with—
(a)
where one condition is involved, the day on which the potential buyer complies with it by—
(i)
making the payment demanded, or
(ii)
accepting the terms proposed (or such other terms as may be agreed between the seller and the potential buyer in substitution for those proposed),
as the case may be; or
(b)
where both conditions are involved, the day (or the later of the days) on which the potential buyer complies with them by taking the action mentioned in paragraph (a)(i) and (ii).
158Duty to ensure authenticity of documents in other situations
(1)
Where a responsible person provides a potential buyer with, or allows a potential buyer to inspect, any document purporting to be—
(a)
a copy of the home information pack for the property, or
(b)
a copy of a document (or part of a document) included in that pack,
the responsible person is under a duty to ensure that the document is authentic.
(2)
A document is not authentic for the purposes of subsection (1) unless, at the time when it is provided or inspected—
(a)
it is a copy of the home information pack for the property or a document (or part of a document) included in that pack, as the case may be; and
(b)
that pack or document complies with the requirements of any regulations under section 163.
(3)
In subsection (2) “the home information pack” means the pack intended by the responsible person to be the one required by section 155.
(4)
The duty under this section does not apply to anything provided in pursuance of the duty under section 156.