PART 1 E+W SAFETY OF BUILDINGS CONTAINING TWO OR MORE RESIDENTIAL UNITS

Prospective

CHAPTER 10 E+W SUPPLEMENTARY

Leases E+W

74 Provision of building safety information to tenants E+W

(1) The Landlord and Tenant Act 1987 (c. 31) is amended as follows.

(2) After section 47A insert—

“47B Building safety information to be contained in demands for rent etc: Wales

(1) Where premises to which this Part applies are premises in Wales which consist of or include a dwelling in a regulated 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,

(b) an order under section 24 is in force in relation to the premises which appoints a manager to carry out any of the duties of an accountable person under the Building Safety (Wales) Act 2026 or regulations made under it, or

(c) in the case of premises which consist of or include a dwelling in a category 1 building, a special measures order is in force in relation to the building.

(4) Subsections (2) and (3) do not apply in relation to a written demand for payment of a service charge if section 21C of the Landlord and Tenant Act 1985 requires the demand to include information which subsection (1) also requires the demand to include.

(5) In this section—

• “accountable person” has the meaning given by section 8 of the Building Safety (Wales) Act 2026;

• “category 1 building” has the meaning given by sections 6 and 7 of that Act;

• “demand” has the meaning given by section 47(4);

• “regulated building” has the meaning given by sections 2 and 7 of the Building Safety (Wales) Act 2026;

• “relevant building safety information” has the meaning given by section 49B;

• “special measures order means an order under section 109 of the Building Safety (Wales) Act 2026.”

(3) After section 49A insert—

“49B Notification by landlord of building safety information: Wales

(1) Where premises to which this Part applies are premises in Wales which consist of or include a dwelling in a regulated 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) an order under section 24 is in force in relation to the premises which appoints a manager to carry out any of the duties of an accountable person under the Building Safety (Wales) Act 2026 or regulations made under it, or

(c) in the case of premises which consist of or include a dwelling in a category 1 building, a special measures order is in force in relation to the building.

(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 name of each person listed in subsection (6);

(b) an email address and telephone number through which each person listed in subsection (6) may be contacted;

(c) a postal address in the United Kingdom at which notices (including notices in proceedings) may be served by the tenant on the principal accountable person for the regulated building;

(d) a postal address for the building safety authority for the building;

(e) such other information as may be prescribed in regulations made by the Welsh Ministers.

(6) The persons are—

(a) the principal accountable person for the regulated building;

(b) any manager appointed by an order mentioned in subsection (3)(b) or (c);

(c) the building safety authority for the regulated building.

(7) In this section—

• “accountable person” has the meaning given by section 8 of the Building Safety (Wales) Act 2026;

• “building safety authority” has the meaning given by section 122 of that Act;

• “category 1 building” has the meaning given by sections 6 and 7 of that Act;

• “principal accountable person” has the meaning given by section 9 of that Act;

• “regulated building” has the meaning given by sections 2 and 7 of that Act;

• “special measures order” means an order under section 109 of that Act.

(8) Regulations under subsection (5)(e) are to be made by Welsh statutory instrument and are subject to the Senedd annulment procedure.”

Commencement Information

I1 S. 74 not in force at Royal Assent, see s. 138(2)