Schedules

Schedule 8Remediation costs under qualifying leases etc

I116Information from landlords

1

The Secretary of State may by regulations make provision requiring a relevant landlord to give prescribed information or documents to a relevant tenant or other prescribed person.

2

Information or documents may be prescribed if they relate to any matter with which this Schedule is concerned.

3

The regulations may require the information or documents to be given in a prescribed way.

4

The regulations may provide that where a relevant landlord fails to comply with the regulations, prescribed costs—

a

are not to be regarded as relevant costs to be taken into account in determining the amount of a service charge payable under a relevant lease, and

b

must not be met from a relevant reserve fund.

5

The regulations may make provision for and in connection with an application to the First-tier Tribunal for an order—

a

determining whether a relevant landlord has failed to comply with the regulations, and

b

if so, requiring the relevant landlord to provide specified information or documents to a specified person by a specified time.

“Specified” here means specified in the order.

6

Nothing in sub-paragraph (5) limits the effect of regulations made by virtue of sub-paragraph (4).

7

Information or documents may be specified in an order under sub-paragraph (5) only if the regulations require them to be provided to the specified person.

8

In this paragraph—

  • “relevant costs” has the meaning given by section 18 of the Landlord and Tenant Act 1985 (and this applies in relation to a lease of premises that does not include a dwelling as it applies in relation to a lease of a dwelling);

  • “relevant landlord” means a landlord under a relevant lease;

  • “relevant lease” means a lease of premises in a relevant building;

  • “relevant reserve fund” has the meaning given by paragraph 10;

  • “relevant tenant” means a tenant under a relevant lease.