29ATenants' associations: power to request information about tenants

1

The Secretary of State may by regulations impose duties on a landlord to provide the secretary of a relevant tenants' association with information about relevant qualifying tenants.

2

The regulations may—

a

make provision about the tenants about whom information must be provided and what information must be provided;

b

require a landlord to seek the consent of a tenant to the provision of information about that tenant;

c

require a landlord to identify how many tenants have not consented.

3

The regulations may—

a

authorise a landlord to charge costs specified in or determined in accordance with the regulations;

b

impose time limits on a landlord for the taking of any steps under the regulations;

c

make provision about the form or content of any notices under the regulations (including provision permitting or requiring a person to design the form of a notice);

d

make other provision as to the procedure in connection with anything authorised or required by the regulations.

4

The regulations may confer power on a court or tribunal to make an order remedying a failure by a landlord to comply with the regulations.

5

The regulations may include supplementary, incidental, transitional or saving provision.

6

Regulations under this section are to be made by statutory instrument.

7

A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

8

In this section—

• “relevant tenants' association”, in relation to a landlord, means an association of tenants of the landlord at least one of whom is a qualifying tenant of a dwelling in England;

• “relevant qualifying tenant” means—

  1. a

     a person who is a qualifying tenant of a dwelling in England and a member of the relevant tenants' association, or

  2. b

     a person who is a qualifying tenant of a dwelling in England by virtue of being required to contribute to the same costs as a qualifying tenant who is a member of the relevant tenants' association;

• “qualifying tenant” means a tenant who, under the terms of the lease, is required to contribute to the same costs as another tenant by the payment of a service charge.