Building Safety Act 2022
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Change 1
113 Provision of building safety information
(1) The Landlord and Tenant Act 1987 is amended in accordance with subsections (2) to (4). (2) After section 47 insert— Building safety information to be contained in demands for rent etc: England 47A (1) Where premises to which this Part applies are premises in England which consist of or include a dwelling in a higher-risk 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, or (b) a special measures order (within the meaning of Schedule 7 to the Building Safety Act 2022) is in force. (4) In this section— “demand” has the meaning given in section 47; “higher-risk building” has the meaning given in section 115 of the Building Safety Act 2022; “relevant building safety information” has the meaning given in section 49A. (3) After section 49 insert— Notification by landlord of building safety information: England 49A (1) Where premises to which this Part applies are premises in England which consist of or include a dwelling in a higher-risk 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) a special measures order (within the meaning of Schedule 7 to the Building Safety Act 2022) is in force. (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 fact that the premises consist of or include a dwelling in a higher-risk building; (b) the name of each person listed in subsection (6); (c) an email address and telephone number through which each person listed in subsection (6) may be contacted; (d) a postal address in England and Wales at which notices (including notices in proceedings) may be served by the tenant on the principal accountable person for the higher-risk building; (e) a postal address for the regulator; (f) such other information as may be prescribed in regulations made by the Secretary of State. (6) The persons are— (a) the principal accountable person for the higher-risk building; (b) any special measures manager for the higher-risk building; (c) the regulator. (7) In this section— “higher-risk building” has the meaning given in section 115 of the Building Safety Act 2022; “principal accountable person” has the meaning given in section 115 of that Act; “the regulator” has the meaning given in section 115 of that Act; “special measures manager” has the meaning given in paragraph 1 of Schedule 7 to that Act. (4) In section 53(2)(b) (regulations and orders), after “42A” insert “or 49A”. (5) In section 172(1)(d) of the Commonhold and Leasehold Reform Act 2002 (application to Crown), for “49” substitute “49A”.
113 Provision of building safety information
(1) The Landlord and Tenant Act 1987 is amended in accordance with subsections (2) to (4). (2) After section 47 insert— Building safety information to be contained in demands for rent etc: England 47A (1) Where premises to which this Part applies are premises in England which consist of or include a dwelling in a higher-risk 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, or (b) a special measures order (within the meaning of Schedule 7 to the Building Safety Act 2022) is in force. (4) In this section— “demand” has the meaning given in section 47; “higher-risk building” has the meaning given in section 115 of the Building Safety Act 2022; “relevant building safety information” has the meaning given in section 49A. (3) After section 49 insert— Notification by landlord of building safety information: England 49A (1) Where premises to which this Part applies are premises in England which consist of or include a dwelling in a higher-risk 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) a special measures order (within the meaning of Schedule 7 to the Building Safety Act 2022) is in force. (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 fact that the premises consist of or include a dwelling in a higher-risk building; (b) the name of each person listed in subsection (6); (c) an email address and telephone number through which each person listed in subsection (6) may be contacted; (d) a postal address in England and Wales at which notices (including notices in proceedings) may be served by the tenant on the principal accountable person for the higher-risk building; (e) a postal address for the regulator; (f) such other information as may be prescribed in regulations made by the Secretary of State. (6) The persons are— (a) the principal accountable person for the higher-risk building; (b) any special measures manager for the higher-risk building; (c) the regulator. (7) In this section— “higher-risk building” has the meaning given in section 115 of the Building Safety Act 2022; “principal accountable person” has the meaning given in section 115 of that Act; “the regulator” has the meaning given in section 115 of that Act; “special measures manager” has the meaning given in paragraph 1 of Schedule 7 to that Act. (4) In section 53(2)(b) (regulations and orders), after “42A” insert “or 49A”. (5) In section 172(1)(d) of the Commonhold and Leasehold Reform Act 2002 (application to Crown), for “49” substitute “49A”.
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