1ADuty to provide information

1

Sub-paragraph (2) applies where a service charge payable by a tenant of a dwelling consists of or includes an amount payable directly or indirectly for insurance.

2

The landlord must—

a

obtain specified information about the insurance, including by requesting the information from another person, and

b

within a specified period after insurance is effected in relation to the dwelling, provide that information to the tenant.

“Specified” means specified in regulations made by the appropriate authority.

3

Regulations under sub-paragraph (2) may provide for circumstances in which a specified period is to be extended.

4

Paragraph 1B makes further provision about requests by the landlord under sub-paragraph (2)(a).

5

The appropriate authority may by regulations make provision as to the form and manner in which the information is to be provided.

6

For the purposes of this paragraph, insurance is “effected” in relation to a dwelling whenever an insurance policy is purchased or renewed in relation to the dwelling.

7

The landlord may charge the tenant for the costs of complying with the duty in sub-paragraph (2).

8

The appropriate authority may by regulations provide for exceptions to the duty in sub-paragraph (2) by reference to—

a

descriptions of landlord;

b

descriptions of insurance;

c

any other matter.

9

In this paragraph, “information” includes a document containing information and a copy of such a document.

10

Regulations under this paragraph—

a

are to be made by statutory instrument;

b

may make provision generally or only in relation to specific cases;

c

may make different provision for different purposes;

d

may include supplementary, incidental, transitional or saving provision.

11

A statutory instrument containing regulations under this paragraph is subject to the negative procedure.

1BRequests by landlord under paragraph 1A: further provision

1

Sub-paragraph (2) applies where a landlord requests information from another person under paragraph 1A(2)(a).

2

That person must provide the landlord with any of the information requested that is within the person’s possession.

3

A person (“A”) must request information from another person (“B”) if—

a

the information has been requested from A under paragraph 1A(2)(a) or this sub-paragraph,

b

A does not possess the information when the request is made, and

c

A believes that B possesses the information.

4

B must provide A with any of the information requested that is within B’s possession.

5

A person must provide information they are required to provide under this paragraph before the end of a specified period beginning with the day on which a request for the information is made.

6

In this paragraph, “specified” means specified in regulations made by the appropriate authority.

7

A person who provides information to another person under this paragraph may charge that person for the costs of doing so.

8

The appropriate authority may by regulations—

a

provide for how a request is to be made under paragraph 1A(2)(a) or this paragraph;

b

provide that a request may not be made until the end of a particular period, or until another condition is met;

c

make provision as to the period within which a request under sub-paragraph (3) must be made;

d

provide for circumstances in which a duty to comply with a request under paragraph 1A(2)(a) or this paragraph does not apply;

e

make provision as to how information requested is to be provided.

9

Regulations under this paragraph—

a

are to be made by statutory instrument;

b

may make provision generally or only in relation to specific cases;

c

may make different provision for different purposes;

d

may include supplementary, incidental, transitional or saving provision.

10

A statutory instrument containing regulations under this paragraph is subject to the negative procedure.

1CEnforcement of duty to provide information

1

A tenant may make an application to the appropriate tribunal on the ground that the landlord failed to comply with a requirement under paragraph 1A.

2

On an application made under sub-paragraph (1), the tribunal may make one or both of the following orders—

a

an order that the landlord comply with the requirement before the end of a period specified in regulations made by the appropriate authority;

b

an order that the landlord pay damages to the tenant for the failure.

3

A person (“C”) may make an application to the appropriate tribunal on the ground that another person (“D”) failed to comply with a requirement under paragraph 1B.

4

On an application made under sub-paragraph (3), the tribunal may make one or both of the following orders—

a

an order that D comply with the requirement before the end of a period specified in regulations made by the appropriate authority;

b

an order that D pay damages to C for the failure.

5

Damages under this paragraph may not exceed £5,000.

6

The appropriate authority may by regulations amend the amount in sub-paragraph (5) if the appropriate authority considers it expedient to do so to reflect changes in the value of money.

7

Regulations under this paragraph—

a

are to be made by statutory instrument;

b

may make provision generally or only in relation to specific cases;

c

may make different provision for different purposes;

d

may include supplementary, incidental, transitional or saving provision.

8

A statutory instrument containing regulations under this paragraph is subject to the negative procedure.