Legislation – Leasehold and Freehold Reform Act 2024

“Sales information requests

30KSales information requests

(1)

A tenant of a dwelling under a long lease may give a sales information request to the landlord.

(2)

A “sales information request” is a document in a specified form, and given in a specified manner, setting out—

(a)

that the tenant is contemplating selling a long lease of the dwelling,

(b)

information that the tenant requests from the landlord for the purpose of the contemplated sale, and

(c)

any other specified information.

(3)

A tenant may request information in a sales information request only if the information is specified in regulations made by the appropriate authority.

(4)

The appropriate authority may specify information for the purposes of subsection (3) only if the information could reasonably be expected to assist a prospective purchaser in deciding whether to purchase a long lease of a dwelling.

(5)

The appropriate authority may by regulations provide that a sales information request may not be given until the end of a particular period, or until another condition is met.

(6)

Regulations under this section—

(a)

are to be made by statutory instrument;

(b)

may make provision generally or only in relation to specific cases;

(c)

may make different provision for different purposes;

(d)

may include supplementary, incidental, transitional or saving provision.

(7)

A statutory instrument containing regulations under this section is subject to the negative procedure.

30LEffect of sales information request

(1)

A landlord who has been given a sales information request must provide the tenant with any of the information requested that is within the landlord’s possession.

(2)

The landlord must request information from another person if—

(a)

the information has been requested from the landlord in a sales information request,

(b)

the landlord does not possess the information when the request is made, and

(c)

the landlord believes that the other person possesses the information.

(3)

That person must provide the landlord with any of the information requested that is within that person’s possession.

(4)

A person (“A”) must request information from another person (“B”) if—

(a)

the information has been requested from A in a request under subsection (2) or this subsection (an “onward request”),

(b)

A does not possess the information when the request is made, and

(c)

A believes that B possesses the information.

(5)

B must provide A with any of the information requested that is within B’s possession.

(6)

A person who is required to provide information under this section must do so before the end of a specified period beginning with the day on which the request for the information is made.

(7)

A person who—

(a)

has been given a sales information request or an onward request, and

(b)

as a result of not possessing the information requested, does not provide the information before the end of a specified period beginning with the day on which the request is made,

must give the person making the request a negative response confirmation.

(8)

A “negative response confirmation” is a document in a specified form, and given in a specified manner, setting out—

(a)

that the person is unable to provide the information requested because it is not in the person’s possession;

(b)

a description of what action the person has taken to determine whether the information is in the person’s possession;

(c)

any onward requests the person has made and the persons to whom they were made;

(d)

an explanation of why the person was unable to obtain the information, including details of any negative response confirmation received by the person;

(e)

any other specified information.

(9)

A person who is required to give a negative response confirmation must do so before the end of a specified period beginning with the day after the day on which the period referred to in subsection (7)(b) ends.

(10)

The appropriate authority may by regulations—

(a)

provide that an onward request may not be made until the end of a particular period, or until another condition is met;

(b)

provide for how an onward request is to be made;

(c)

make provision as to the period within which an onward request must be made;

(d)

provide for circumstances in which a duty to comply with a sales information request or an onward request does not apply;

(e)

make provision as to how information requested in a sales information request or an onward request is to be provided;

(f)

make provision for circumstances in which a period specified for the purposes of subsection (6), (7) or (9) is to be extended.

(11)

Regulations under this section—

(a)

are to be made by statutory instrument;

(b)

may make provision generally or only in relation to specific cases;

(c)

may make different provision for different purposes;

(d)

may include supplementary, incidental, transitional or saving provision.

(12)

A statutory instrument containing regulations under this section is subject to the negative procedure.

30MCharges for provision of information

(1)

Subject to any regulations under subsection (2), a person (“P”) may charge another person for—

(a)

determining whether information requested in a sales information request or an onward request is in P’s possession;

(b)

providing or obtaining information under section 30L.

(2)

The appropriate authority may by regulations—

(a)

limit the amount that may be charged under subsection (1);

(b)

prohibit a charge under subsection (1) in specified circumstances or unless specified requirements are met.

(3)

If a landlord charges a tenant under subsection (1), the charge—

(a)

is an administration charge for the purposes of Schedule 11 to the Commonhold and Leasehold Reform Act 2002 (see paragraph 1(1)(b) of that Schedule), and

(b)

is not to be treated as a service charge for the purposes of this Act.

(4)

For the purposes of the provisions of this Act relating to service charges, the costs of—

(a)

determining whether information requested in a sales information request or an onward request is in a person’s possession, or

(b)

providing or obtaining information under section 30L,

are not to be regarded as relevant costs to be taken into account in determining the amount of any variable service charge payable by any tenant.

(5)

Regulations under this section—

(a)

are to be made by statutory instrument;

(b)

may make provision generally or only in relation to specific cases;

(c)

may make different provision for different purposes;

(d)

may include supplementary, incidental, transitional or saving provision.

(6)

A statutory instrument containing regulations under this section is subject to the negative procedure.

30NEnforcement of sections 30L and 30M

(1)

A person who makes a sales information request or an onward request (“C”) may make an application to the appropriate tribunal on the ground that another person (“D”) failed to comply with a requirement under section 30L or 30M in relation to the request.

(2)

The tribunal may make one or more of the following orders—

(a)

an order that D comply with the requirement before the end of a period specified by the tribunal;

(b)

an order that D pay damages to C for the failure;

(c)

if D charged C in excess of a limit specified in regulations under section 30M(2)(a), an order that D repay the amount charged in excess of the limit to C;

(d)

if D charged C in breach of regulations under section 30M(2)(b), an order that D repay the amount charged to C.

(3)

Damages under subsection (2)(b) may not exceed £5,000.

(4)

The appropriate authority may by regulations amend the amount in subsection (3) if the appropriate authority considers it expedient to do so to reflect changes in the value of money.

(5)

Regulations under this section—

(a)

are to be made by statutory instrument;

(b)

may make provision generally or only in relation to specific cases;

(c)

may make different provision for different purposes;

(d)

may include supplementary, incidental, transitional or saving provision.

(6)

A statutory instrument containing regulations under this section is subject to the negative procedure.

30PInterpretation of sections 30K to 30N

(1)

In sections 30K to 30N—

“information” includes a document containing information, and a copy of such a document;

“landlord” includes—

(a)

any person who has a right to enforce payment of a service charge;

(b)

a RTM company within the meaning of Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (see section 73 of that Act);

“long lease” has the same meaning as in Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (see sections 76 and 77 of that Act);

“onward request” has the meaning given in section 30L(4)(a);

“sales information request” has the meaning given in section 30K(2);

“specified” means specified in, or determined in accordance with, regulations made by the appropriate authority.

(2)

A reference in sections 30K to 30N to purchasing a long lease is a reference to becoming a tenant under the lease for consideration, whether by grant, assignment or otherwise, and references to selling a long lease are to be read accordingly.”