Textual Amendments
F1Sch. added by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 43(2)
Modifications etc. (not altering text)
C1Sch. modified (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 5; S.I. 2003/1986, art. 2(a); S.I. 2004/669, art. 2(a)
Sch. extended to Crown Land (E.) (30.9.2003) by 2002 c. 15, ss. 172, 181(1); S.I. 2003/1986, art. 2(c)(ii)(iii) (subject to savings in Sch. 2); S.I. 2004/669, art. 2(c)(ii)(iii) (subject to savings in Sch. 2)
Textual Amendments
F2Words in heading before Sch. para. 2 repealed (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 180, 181(1), Sch. 14; S.I. 2003/1986, arts. 1(2), 2(c)(iv), Sch. 1 Pt. 2 (subject to Sch. 2); S.I. 2004/669, art. 2(c)(iv), Sch. 1 Pt. 2 (subject to Sch. 2)
2(1)Where a service charge is payable by the tenant of a dwelling which consists of or includes an amount payable directly or indirectly for insurance, the tenant may [F3by notice in writing require the landlord] to supply him with a written summary of the insurance for the time being effected in relation to the dwelling.E+W
(2)If the tenant is represented by a recognised tenants’ association and he consents, the [F4notice may be served] by the secretary of the association instead of by the tenant and may then be for the supply of the summary to the secretary.
(3)A [F5notice under this paragraph is duly] served on the landlord if it is served on—
(a)an agent of the landlord named as such in the rent book or similar document, or
(b)the person who receives the rent on behalf of the landlord;
and a person on [F6whom such a notice] is so served shall forward it as soon as may be to the landlord.
(4)The landlord shall, within [F7the period of twenty-one days beginning with the day on which he receives the notice,] comply with it by supplying to the tenant or the secretary of the recognised tenants’ association (as the case may require) such a summary as is mentioned in sub-paragraph (1), which shall include—
(a)the insured amount or amounts under any relevant policy, and
(b)the name of the insurer under any such policy, and
(c)the risks in respect of which the dwelling or (as the case may be) the building containing it is insured under any such policy.
(5)In sub-paragraph (4)(a) “the insured amount or amounts”, in relation to a relevant policy, means—
(a)in the case of a dwelling other than a flat, the amount for which the dwelling is insured under the policy; and
(b)in the case of a flat, the amount for which the building containing it is insured under the policy and, if specified in the policy, the amount for which the flat is insured under it.
(6)The landlord shall be taken to have complied with the [F8notice] if, within the period mentioned in sub-paragraph (4), he instead supplies to the tenant or the secretary (as the case may require) a copy of every relevant policy.
(7)In a case where two or more buildings are insured under any relevant policy, the summary or copy supplied under sub-paragraph (4) or (6) so far as relating to that policy need only be of such parts of the policy as relate—
(a)to the dwelling, and
(b)if the dwelling is a flat, to the building containing it.]
Textual Amendments
F3Words in Sch. para. 2(1) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 8(1)(2); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)
F4Words in Sch. para. 2(2) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 8(1)(3); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)
F5Words in Sch. para. 2(3)(a) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 8(1)(4)(a); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)
F6Words in Sch. para. 2(3)(b) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 8(1)(4)(b); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)
F7Words in Sch. para. 2(4) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 8(1)(5); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)
F8Word in Sch. para 2(6) substituted (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 8(1)(6); S.I. 2003/1986, art. 2(c)(i) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(i) (subject to Sch. 2)