(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.

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);

(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;

(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.

24ZA

(1) A special measures manager for an occupied higher-risk building may apply to the appropriate tribunal for an order under section 24 (as modified by subsection (4)) appointing a manager to act in relation to premises to which this section applies.

(2) This section applies to premises consisting of the whole or part of the higher-risk building if the building or part contains two or more flats.

(3) Section 22 applies in relation to such an application as if—

(a) for subsection (1) there were substituted—

(1) Before an application for an order under section 24 is made in respect of any premises to which section 24ZA applies by a special measures manager for an occupied higher-risk building, a notice under this section must (subject to subsection (3)) be served by the special measures manager on— (a) the landlord; (b) any person (other than the landlord) by whom obligations relating to the management of the premises or any part of them are owed to tenants of flats contained in those premises under a tenancy; (c) each accountable person for the higher-risk building.

;

(b) for subsection (2)(a) there were substituted—

(a) specify the special measures manager’s name and an address in England and Wales at which any person on whom the notice is served may serve notices, including notices in proceedings, on the special measures manager in connection with this Part;

;

(i) for “tenant” there were substituted “special measures manager”;

(ii) for “this Part” there were substituted “section 24ZA”;

(d) in subsection (2)(c) for “tenant” there were substituted “special measures manager”.

(4) Section 24 applies in relation to such an application as if—

(a) in subsection (1) for “this Part” there were substituted “section 24ZA”;

(b) for subsection (2) there were substituted—

(2) The appropriate tribunal may only make an order under this section where it is satisfied— (a) that— (i) the relevant person is in breach of any obligation owed by the person to the special measures manager by virtue of a special measures order, and (ii) it is just and convenient to make the order in all the circumstances of the case; or (b) that other circumstances exist which make it just and convenient for the order to be made.

;

(5) In this section “special measures manager” has the meaning given by section 24(2D).

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