Part 5Regulation of estate management
Sales information requests
95Effect of sales information request
1
An estate manager who has been given a sales information request by the owner of a managed dwelling must provide the owner with any of the information requested that is within the estate manager’s possession.
2
The estate manager must request information from another person if—
a
the information has been requested from the estate manager in a sales information request,
b
the estate manager does not possess the information when the request is made, and
c
the estate manager believes that the other person possesses the information.
3
That person must provide the estate manager with any of the information requested that is within that person’s possession.
4
A person (“A”) must request information from another person (“B”) if—
a
the information has been requested from A in a request under subsection (2) or this subsection (an “onward request”),
b
A does not possess the information when the request is made, and
c
A believes that B possesses the information.
5
B must provide A with any of the information requested that is within B’s possession.
6
A person who is required to provide information under this section must do so before the end of a specified period beginning with the day on which the request for the information is made.
7
A person who—
a
has been given a sales information request or an onward request, and
b
as a result of not possessing the information requested, does not provide the information before the end of a specified period beginning with the day on which the request is made,
must give the person making the request a negative response confirmation.
8
A “negative response confirmation” is a document in a specified form, and given in a specified manner, setting out—
a
that the person is unable to provide the information requested because it is not in the person’s possession;
b
a description of what action the person has taken to determine whether the information is in the person’s possession;
c
any onward requests the person has made and the persons to whom they were made;
d
an explanation of why the person was unable to obtain the information, including details of any negative response confirmation received by the person;
e
any other specified information.
9
10
The appropriate authority may by regulations—
a
provide that an onward request may not be made until the end of a particular period, or until another condition is met;
b
provide for how an onward request is to be made;
c
make provision as to the period within which an onward request must be made;
d
provide for circumstances in which a duty to comply with a sales information request or an onward request does not apply;
e
make provision as to how information requested in a sales information request or an onward request is to be provided;
11
12
A statutory instrument containing regulations under this section is subject to the negative procedure.