The Local Authorities (Rental Auctions) (England) and Town and Country Planning (General Permitted Development) (Amendment) Regulations 2024

7 Rental auction, second week: obligations on the local authority and landlord

(1) The local authority must before the end of the second week serve on the landlord— (a) a notice containing requirements under section 210(2) of the Act for the landlord to give the local authority the information specified in paragraph (2) in relation to the premises before the end of the third week, (b) the terms of the proposed tenancy contract, which must comply with paragraph (4), and (c) the proposed terms of the tenancy which must comply with paragraph (5). (2) The local authority must require the landlord to give the following information, unless the local authority considers that information specified in any sub-paragraph is not necessary or relevant for the exercise of its functions in relation to the premises in question— (a) full and accurate responses to general pre-contract enquiries for commercial property transactions, including any supplemental pre-contract enquiries relevant to commercial property on the grant of a tenancy; (b) proof of the landlord’s title to the premises— (i) where the landlord’s title is registered, in the form of official copies of the entries relating to the landlord’s title at His Majesty’s Land Registry, with the title plan; (ii) where the landlord’s title is unregistered, evidence of title to the premises in the form of— (aa) an abstract of title or an epitome of title with photocopies of the documents referred to, and (bb) production of every document or an abstract, epitome or copy of it with an original marking by a conveyancer either against the original or an examined abstract or an examined copy; (c) the following certificates, if available— (i) a current electrical installation testing certificate; (ii) a current energy performance certificate; (iii) a current water safety certificate; (iv) a current gas safety certificate; (v) a current fire safety certificate; (vi) a test certificate for any mechanical, electrical or life safety systems present in, or which serve, the premises; (d) if available, a fire risk assessment, and (e) if available, an asbestos survey, and where relevant, an asbestos management plan. (3) The information provided on the proposed tenancy contract and the proposed terms of the tenancy served under paragraph (1) must state that the landlord may make representations before the end of the third week on the terms of the tenancy contract and the tenancy, including— (a) the description of the premises, and where the premises form part of a building, on the description of the building; (b) where the premises concerned comprise a unit in a shopping centre, on the definitions of “the Centre”, and the “tenant’s plant”; (c) the length of the term; (d) what, if any, service charge provisions are to be included; (e) what rights need to be granted for the use and enjoyment of the premises by the tenant; (f) what title guarantee is to be given; (g) whether the contract should, where the landlord fails to complete the landlord’s works within the period required in the tenancy contract— (i) provide for liquidated damages as set out in paragraph 6(1) and (2) of Schedule 2, or (ii) give the tenant the right to complete the landlord’s works at the tenant’s own cost, as set out in paragraph 6(3) of Schedule 2. (4) A proposed tenancy contract to be entered into under section 204 of the Act— (a) must, subject to paragraph (6), include the terms specified in paragraphs 1 to 5 and 7 to 22 of Schedule 2 or terms having substantially the same effect as any of those terms, (b) may include the terms specified in paragraph 6(1) and (2) or in paragraph 6(3) of Schedule 2 or terms having substantially the same effect as any of those terms, and (c) must include the terms of the tenancy as an annex to the tenancy contract. (5) The proposed tenancy must, subject to paragraph (6), contain the terms set out in Schedule 3, so far as they apply to the premises or terms having substantially the same effect as any of those terms. (6) The local authority may amend any of the terms of the tenancy contract or the terms of the tenancy if the landlord proposes, or agrees to, the amended term. (7) A notice served by the local authority under section 210(2) in accordance with this regulation or otherwise in connection with the exercise of the local authority’s functions under Part 10 of the Act in respect of the premises must contain a statement that if the person on whom the notice is served— (a) fails without reasonable excuse to comply with a requirement in the notice, or (b) provides false information which that person knows or should reasonably know to be false, that person commits an offence and is liable on summary conviction to a fine.