Rent assessment committees: info powers (HA 1988 s. 41)
HA 1988 s. 41: rent assessment committee can require info from landlord/tenant. Failure summary offence (fine level 3). Officers of body corporate liable.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The rent assessment committee to whom a matter is referred under Chapter I or Chapter II above may by notice in the prescribed form served on the landlord or the tenant require him to give to the committee, within such period of not less than fourteen days from the service of the notice as may be specified in the notice, such information as they may reasonably require for the purposes of their functions. If any person fails without reasonable excuse to comply with a notice served on him under subsection (2) above, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. Where an offence under subsection (3) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section gives a rent assessment committee the power to ask for information from a landlord or tenant. The committee sends a notice in the prescribed form, and the person must reply within at least 14 days. If someone fails to give the information without a reasonable excuse, they commit a criminal offence. The penalty is a fine at level 3 on the standard scale (summary conviction).
If the offender is a company (body corporate), any director, manager, secretary or similar officer who consented, connived, or neglected their duty can also be prosecuted and punished. The same fine applies to them personally.
When it applies
- A landlord ignores a notice from the rent assessment committee asking for a list of tenants and rent amounts.
- A tenant receives a notice asking for details of their tenancy and refuses to respond because they think the committee has no right to ask.
- A property company fails to provide information about service charges, and the managing director knew about the notice but did nothing.
- The committee sends a notice to a landlord asking for information about the condition of the property, and the landlord claims the notice was not in the prescribed form.
- A tenant provides some information but omits key details, and the committee demands a complete response within the 14-day period.
What this section does not say
- This section does not say what information the committee can ask for – only that they may require information they reasonably need.
- It does not cover the committee's power to decide the rent itself; that is dealt with elsewhere in the Act.
- It does not set out how to appeal a fine or a decision by the committee.
- It does not define 'reasonable excuse' – that is left for the court to decide.
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This page reproduces the text of HA 1988 s. 41 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.