(1)This Part applies to premises which consist of or include a dwelling and are not held under a tenancy to which Part II of the M1Landlord and Tenant Act 1954 applies.
[F1(1A)But this Part does not apply if the dwelling is in Wales and is subject to an occupation contract (see section 7 of the Renting Homes (Wales) Act 2016 (anaw 1)).]
(2)In this Part “service charge” has the meaning given by section 18(1) of the 1985 Act.
[F2(3)In this Part “administration charge” has the meaning given by paragraph 1 of Schedule 11 to the Commonhold and Leasehold Reform Act 2002.]
Textual Amendments
F1S. 46(1A) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 15(3)
F2S. 46(3) inserted (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 11 para. 9; S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); S.I. 2004/669, art. 2(c)(i) (with Sch. 2)
Modifications etc. (not altering text)
C1Ss. 46-48 modified (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 7 para. 12; S.I. 2003/1986, art. 2(a); S.I. 2004/669, art. 2(a)
C2Ss. 46-49 extended to Crown Land (30.9.2003 for E. for specified purposes, 30.3.2004 for W. for specified purposes, 28.2.2005 for E. for specified purposes, 31.5.2005 for W. for specified purposes) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 172, 181(1); S.I. 2003/1986, art. 2(c)(ii) (with Sch. 2); S.I. 2004/669, art. 2(c)(ii) (with Sch. 2); S.I. 2004/3056, art. 3(h) (with art. 4); S.I. 2005/1353, art. 2(h)
Marginal Citations
(1)Where any written demand is given to a tenant of premises to which this Part applies, the demand must contain the following information, namely—
(a)the name and address of the landlord, and
(b)if that address is not in England and Wales, an address in England and Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant.
(2)Where—
(a)a tenant of any such premises is given such a demand, but
(b)it does not contain any information required to be contained in it by virtue of subsection (1),
then (subject to subsection (3)) any part of the amount demanded which consists of a service charge [F3or an administration charge] (“the relevant amount”) shall be treated for all purposes as not being due from the tenant to the landlord at any time before that information is furnished by the landlord by notice given to the tenant.
(3)The relevant amount shall not be so treated in relation to any time when, by virtue of an order of any court [F4or tribunal], there is in force an appointment of a receiver or manager whose functions include the receiving of service charges [F5or (as the case may be) administration charges] from the tenant.
(4)In this section “demand” means a demand for rent or other sums payable to the landlord under the terms of the tenancy.
Textual Amendments
F3Words in s. 47(2) inserted (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 11 para. 10(2); S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); S.I. 2004/669, art. 2(c)(i) (with Sch. 2)
F4Words in s. 47(3) inserted (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 13 para. 10; S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); S.I. 2004/669, art. 2(c)(i) (with Sch. 2)
F5Words in s. 47(3) inserted (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 11 para. 10(3); S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); S.I. 2004/669, art. 2(c)(i) (with Sch. 2)
Modifications etc. (not altering text)
C1Ss. 46-48 modified (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 7 para. 12; S.I. 2003/1986, art. 2(a); S.I. 2004/669, art. 2(a)
C2Ss. 46-49 extended to Crown Land (30.9.2003 for E. for specified purposes, 30.3.2004 for W. for specified purposes, 28.2.2005 for E. for specified purposes, 31.5.2005 for W. for specified purposes) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 172, 181(1); S.I. 2003/1986, art. 2(c)(ii) (with Sch. 2); S.I. 2004/669, art. 2(c)(ii) (with Sch. 2); S.I. 2004/3056, art. 3(h) (with art. 4); S.I. 2005/1353, art. 2(h)
(1)Where premises to which this Part applies are premises in England which consist of or include a dwelling in a higher-risk building, any written demand given to a tenant of the premises must contain the relevant building safety information.
(2)Where—
(a)a tenant of such premises is given such a demand, but
(b)the demand does not contain the relevant building safety information,
any part of the amount demanded which consists of a service charge or an administration charge (“the relevant amount”) is to be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord gives the relevant building safety information to the tenant.
(3)But the relevant amount is not to be so treated in relation to any time when—
(a)by virtue of an order of any court or tribunal there is in force an appointment of a receiver or manager whose functions include the receiving of service charges or administration charges from the tenant, or
(b)a special measures order (within the meaning of Schedule 7 to the Building Safety Act 2022) is in force.
(4)In this section—
“demand” has the meaning given in section 47;
“higher-risk building” has the meaning given in section 115 of the Building Safety Act 2022;
“relevant building safety information” has the meaning given in section 49A.]
Textual Amendments
F6S. 47A inserted (28.4.2022 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 113(2), 170(2) (with s. 164)
(1)A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.
(2)Where a landlord of any such premises fails to comply with subsection (1), any rent [F7, service charge or administration charge] otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.
(3)Any such rent [F8, service charge or administration charge] shall not be so treated in relation to any time when, by virtue of an order of any court [F9or tribunal], there is in force an appointment of a receiver or manager whose functions include the receiving of rent [F10, service charges or (as the case may be) administration charges] from the tenant.
Textual Amendments
F7Words in s. 48(2) substituted (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 11 para. 11(2); S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); S.I. 2004/669, art. 2(c)(i) (with Sch. 2)
F8Words in s. 48(3) substituted (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 11 para. 11(3)(a); S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); S.I. 2004/669, art. 2(c)(i) (with Sch. 2)
F9Words in s. 48(3) inserted (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 13 para. 11; S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); S.I. 2004/669, art. 2(c)(i) (with Sch. 2)
F10Words in s. 48(3) substituted (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 11 para. 11(3)(b); S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); S.I. 2004/669, art. 2(c)(i) (with Sch. 2)
Modifications etc. (not altering text)
C1Ss. 46-48 modified (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 7 para. 12; S.I. 2003/1986, art. 2(a); S.I. 2004/669, art. 2(a)
C2Ss. 46-49 extended to Crown Land (30.9.2003 for E. for specified purposes, 30.3.2004 for W. for specified purposes, 28.2.2005 for E. for specified purposes, 31.5.2005 for W. for specified purposes) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 172, 181(1); S.I. 2003/1986, art. 2(c)(ii) (with Sch. 2); S.I. 2004/669, art. 2(c)(ii) (with Sch. 2); S.I. 2004/3056, art. 3(h) (with art. 4); S.I. 2005/1353, art. 2(h)
In section 196 of the M2Law of Property Act 1925 (regulations respecting notices), any reference in subsection (3) or (4) to the last-known place of abode or business of the person to be served shall have effect, in its application to a notice to be served by a tenant on a landlord of premises to which this Part applies, as if that reference included a reference to—
(a)the address last furnished to the tenant by the landlord in accordance with section 48, or
(b)if no address has been so furnished in accordance with section 48, the address last furnished to the tenant by the landlord in accordance with section 47.
Modifications etc. (not altering text)
C2Ss. 46-49 extended to Crown Land (30.9.2003 for E. for specified purposes, 30.3.2004 for W. for specified purposes, 28.2.2005 for E. for specified purposes, 31.5.2005 for W. for specified purposes) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 172, 181(1); S.I. 2003/1986, art. 2(c)(ii) (with Sch. 2); S.I. 2004/669, art. 2(c)(ii) (with Sch. 2); S.I. 2004/3056, art. 3(h) (with art. 4); S.I. 2005/1353, art. 2(h)
Marginal Citations
(1)Where premises to which this Part applies are premises in England which consist of or include a dwelling in a higher-risk building, the landlord must give the tenant a notice containing the relevant building safety information.
(2)Where a landlord fails to give a notice to a tenant in accordance with subsection (1), any rent, service charge or administration charge otherwise due from the tenant to the landlord is to be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord gives the notice to the tenant.
(3)But any such rent, service charge or administration charge is not to be so treated in relation to any time when—
(a)by virtue of an order of any court or tribunal there is in force an appointment of a receiver or manager whose functions include the receiving of rent, service charges or administration charges from the tenant, or
(b)a special measures order (within the meaning of Schedule 7 to the Building Safety Act 2022) is in force.
(4)The requirement to give a notice to a tenant under subsection (1) may be satisfied by giving the notice to them at a time when they are a prospective tenant.
(5)In this section “relevant building safety information” means—
(a)the fact that the premises consist of or include a dwelling in a higher-risk building;
(b)the name of each person listed in subsection (6);
(c)an email address and telephone number through which each person listed in subsection (6) may be contacted;
(d)a postal address in England and Wales at which notices (including notices in proceedings) may be served by the tenant on the principal accountable person for the higher-risk building;
(e)a postal address for the regulator;
(f)such other information as may be prescribed in regulations made by the Secretary of State.
(6)The persons are—
(a)the principal accountable person for the higher-risk building;
(b)any special measures manager for the higher-risk building;
(c)the regulator.
(7)In this section—
“higher-risk building” has the meaning given in section 115 of the Building Safety Act 2022;
“principal accountable person” has the meaning given in section 115 of that Act;
“the regulator” has the meaning given in section 115 of that Act;
“special measures manager” has the meaning given in paragraph 1 of Schedule 7 to that Act.]
Textual Amendments
F11S. 49A inserted (28.4.2022 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 113(3), 170(2) (with s. 164)
In section 3 of the 1985 Act (duty to inform tenant of assignment of landlord’s interest) the following subsections shall be inserted after subsection (3)—
“(3A)The person who was the landlord under the tenancy immediately before the assignment (“the old landlord”) shall be liable to the tenant in respect of any breach of any covenant, condition or agreement under the tenancy occurring before the end of the relevant period in like manner as if the interest assigned were still vested in him; and where the new landlord is also liable to the tenant in respect of any such breach occurring within that period, he and the old landlord shall be jointly and severally liable in respect of it.
(3B)In subsection (3A) “the relevant period” means the period beginning with the date of the assignment and ending with the date when—
(a)notice in writing of the assignment, and of the new landlord’s name and address, is given to the tenant by the new landlord (whether in accordance with subsection (1) or not), or
(b)notice in writing of the assignment, and of the new landlord’s name and last-known address, is given to the tenant by the old landlord,
whichever happens first.”
Textual Amendments
F12S. 51 repealed by Land Registration Act 1988 (c. 3, SIF 98:2), s. 2, Sch.