PART 3PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS

CHAPTER 2PROVISION OF INFORMATION

Provision by landlord of information about landlord

40Compensation for breach of section 39

1

If the landlord fails to comply with an obligation under section 39, the landlord is liable to pay the contract-holder compensation under section 87.

2

The compensation is payable in respect of the relevant date and every day after the relevant date until—

a

the day on which the landlord gives the notice in question, or

b

if earlier, the last day of the period of two months starting with the relevant date.

3

Interest on the compensation is payable if the landlord fails to give the contract-holder the notice on or before the day referred to in subsection (2)(b).

4

The interest starts to run on the day referred to in subsection (2)(b), at the rate prevailing under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 (c. 20) at the end of that day.

5

The relevant date is the first day of the period before the end of which the landlord was required to give the notice.

6

This section is a fundamental provision which is incorporated as a term of all occupation contracts.