Part 4Regulation of leasehold
Insurance
60Duty to provide information about insurance to tenants
1
The Schedule to the LTA 1985 (rights in relation to insurance) is amended as follows.
2
After paragraph 1 insert—
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.
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
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—
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—
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
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.
3
Omit paragraphs 2 to 6.
4
In paragraph 9(1)—
a
for “Paragraphs 2 to 8” substitute “Paragraphs 1A to 8”
;