Effect of assignment on requests - LTA 1985 s.24
Assignment of tenancy does not void prior requests under s.21-23, but no duty to provide same summary or access more than once for same dwelling and period.
The assignment of a tenancy does not affect the validity of a request made under section 21, 22 or 23 before the assignment; but a person is not obliged to provide a summary or make facilities available more than once for the same dwelling and for the same period.
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
Assigning a tenancy (transferring it to someone else) does not cancel a request for service charge information that the old tenant made under sections 21, 22, or 23 before the assignment. The request remains valid after the new tenant takes over.
But the person who received that request (usually the landlord or their agent) does not have to provide the same summary or let the same accounts be inspected more than once for the same dwelling and the same period. If both the old and new tenant ask for the same thing, the answer they get may be the same one.
Sections 21–23 give tenants rights to information about service charges and related accounts. This section makes sure those rights survive a change of tenant, but without duplication.
When it applies
- A tenant requests a service charge summary under section 21, then assigns the tenancy; the new tenant wonders if the request is still effective.
- A tenant inspects accounts under section 22, then assigns; the new tenant wants to inspect the same accounts again for the same period.
- A tenant asks the superior landlord for information under section 23 before assigning; the superior landlord can respond after the assignment.
- After an assignment, the new tenant makes the same request that the old tenant already made; the landlord refuses to provide a duplicate summary.
What this section does not say
- This provision does not cover the validity of the assignment itself.
- It does not deal with what happens when the landlord changes (see section 23a).
- It does not make failure to comply with a request an offence (see section 25).
- It does not apply to tenants of certain public authorities (see section 26).
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This page reproduces the text of LTA 1985 s. 24 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.