Applicant's information and access rights: HA 1988 s. 97
Landlord must serve notice within 4 weeks of relevant date listing tenants. After 4 weeks, applicant can access property, inspect docs, get copies.
Within four weeks of the relevant date, the landlord shall serve on the applicant a notice specifying— the name and address of every tenant or licensee of a dwelling-house which the buildings proposed to be acquired by virtue of section 93(1)(a) above comprise or contain; and the general nature of his tenancy or licence. As from four weeks after that date, the applicant shall have the following rights, namely— a right of access, at any reasonable time and on giving reasonable notice, to any property proposed to be acquired which is not subject to a tenancy; a right, on giving reasonable notice, to be provided with a list of any documents to which subsection (3) below applies; a right to inspect, at any reasonable time and on giving reasonable notice, any documents to which that subsection applies; and a right, on payment of a reasonable fee, to be provided with a copy of any documents inspected under paragraph (c) above. This subsection applies to any document in the possession of the landlord— sight of which is reasonably required for the purpose of pursuing the application; and which, on a proposed sale by a willing vendor to a willing purchaser of the property proposed to be acquired, the landlord, as vendor, would be expected to make available to the purchaser (whether at or before contract or completion). In this section “ document ” has the same meaning as in Part I of the Civil Evidence Act 1968.
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
The landlord must give the applicant a written notice within four weeks of the relevant date. The notice must list the name and address of every tenant or licensee in the buildings to be acquired, and say what kind of tenancy or licence they have.
After four weeks from the relevant date, the applicant has the right to enter any property that is not currently let (giving reasonable notice), to ask for a list of documents the landlord would normally show a buyer, to inspect those documents at a reasonable time, and to get copies for a reasonable fee. Documents include anything covered by the Civil Evidence Act 1968 that the landlord holds and that is reasonably needed for the application.
When it applies
- You apply to buy a block of flats under Part IV of the Housing Act 1988 and need the names of all tenants.
- You want to inspect an empty flat in the building you are applying to buy, to check its condition.
- You request copies of management agreements or service charge records the landlord has, to assess the property's value.
- The landlord refuses to give you a list of tenants, and you need to know the deadline for serving the notice.
- You give reasonable notice to access the property but the landlord locks you out and says you have no right to enter.
What this section does not say
- This section does not give you the right to enter a property that is currently occupied by a tenant or licensee without their consent.
- It does not require the landlord to provide documents that are not reasonably required for the application, or that go beyond what a seller would show a buyer.
- It does not set a fee for copies – the fee must be reasonable, but the section does not specify what is reasonable.
- It does not apply if you are not the applicant who has exercised the right under section 93, or if the relevant date has not yet passed.
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This page reproduces the text of HA 1988 s. 97 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.