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The Building Safety (Leaseholder Protections) (England) Regulations 2022
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- UK Statutory Instruments
- 2022 No. 711
- Regulation 11
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Application to First-tier Tribunal
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11.—(1) This regulation applies where a leaseholder or relevant landlord (the “applicant”) wishes to apply to the First-tier Tribunal for an order under paragraph 16(5) of Schedule 8 to the Act.
(2) The applicant can make an application under paragraph (1) above where—
(a)the applicant believes that a relevant landlord has made a false claim in the landlord’s certificate provided under regulation 6, including but not limited to—
(i)stating that the relevant landlord is not the developer(1) of the relevant building or is not associated with the developer; or
(ii)stating the relevant landlord does not meet the contribution condition;
(b)the relevant landlord or current landlord has not given the leaseholder sufficient time(2) to provide information to prove they have a qualifying lease(3).
(3) In this regulation, “relevant landlord” has the meaning given in paragraph 16(8) of Schedule 8 to the Act.
(1)
See paragraph 2(4) of Schedule 8 to the Act for the definition of “developer”.
(2)
See The Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022.
(3)
See section 119 of the Act for the definition of “qualifying lease”.
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