Effect of change of landlord LTA 1985 s. 23A
When a landlord sells their interest while an information duty under sections 21 to 23 is outstanding, responsibility stays or transfers based on ability.
This section applies where, at a time when a duty imposed on the landlord or a superior landlord by or by virtue of any of sections 21 to 23 remains to be discharged by him, he disposes of the whole or part of his interest as landlord or superior landlord to another person. If the landlord or superior landlord is, despite the disposal, still in a position to discharge the duty to any extent, he remains responsible for discharging it to that extent. If the other person is in a position to discharge the duty to any extent, he is responsible for discharging it to that extent. Where the other person is responsible for discharging the duty to any extent (whether or not the landlord or superior landlord is also responsible for discharging it to that or any other extent)— references to the landlord or superior landlord in sections 21 to 23 and any regulations under section 21 are to, or include, the other person so far as is appropriate to reflect his responsibility for discharging the duty to that extent, but in connection with its discharge by the other person, section 22(6) applies as if the reference to the day on which the landlord receives the notice were to the date of the disposal referred to in subsection (1) and any regulations under section 21 apply subject to any modifications contained in the regulations.
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
When a landlord or superior landlord disposes of their interest while an unfulfilled duty to provide service charge information or access to supporting accounts exists, the obligation does not automatically vanish. Responsibility follows the capacity to discharge the duty.
If the former landlord remains in a position to discharge the duty to any extent, they remain responsible to that extent. If the incoming owner is in a position to fulfill the request to any extent, they become responsible to that extent.
Where the incoming owner becomes responsible, statutory references to the landlord include them. For inspection rights under section 22, time limits for the new owner run from the date of the property disposal rather than when the original notice was received.
When it applies
- A leaseholder requested service charge accounts, but the landlord sold the freehold to a new buyer before providing the documents.
- A former landlord transferred their interest but retained the accounting records required to fulfill an outstanding information request.
- A new landlord took over a block of flats and received a demand to inspect accounts submitted to the previous landlord prior to the sale.
What this section does not say
- Notifying a tenant of the new landlord's name and address following an assignment.
- Challenging whether service charge costs are reasonable or payable.
- Handling the assignment of a tenant's leasehold interest to a buyer.
Related sections
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This page reproduces the text of LTA 1985 s. 23A 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.