Secretary of State's power to require info LTA 1985 s. 29A
LTA 1985 s. 29A: Secretary of State may make regulations requiring landlords to provide info about qualifying tenants to tenants' associations.
29A The Secretary of State may by regulations impose duties on a landlord to provide the secretary of a relevant tenants' association with information about relevant qualifying tenants. The regulations may— make provision about the tenants about whom information must be provided and what information must be provided; require a landlord to seek the consent of a tenant to the provision of information about that tenant; require a landlord to identify how many tenants have not consented. The regulations may— authorise a landlord to charge costs specified in or determined in accordance with the regulations; impose time limits on a landlord for the taking of any steps under the regulations; make provision about the form or content of any notices under the regulations (including provision permitting or requiring a person to design the form of a notice); make other provision as to the procedure in connection with anything authorised or required by the regulations. The regulations may confer power on a court or tribunal to make an order remedying a failure by a landlord to comply with the regulations. The regulations may include supplementary, incidental, transitional or saving provision. Regulations under this section are to be made by statutory instrument. A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. In this section— “relevant tenants' association”, in relation to a landlord, means an association of tenants of the landlord at least one of whom is a qualifying tenant of a dwelling in England; “ relevant qualifying tenant ” means— a person who is a qualifying tenant of a dwelling in England and a member of the relevant tenants' association, or a person who is a qualifying tenant of a dwelling in England by virtue of being required to contribute to the same costs as a qualifying tenant who is a member of the relevant tenants' association; “ qualifying tenant ” means a tenant who, under the terms of the lease, is required to contribute to the same costs as another tenant by the payment of a service charge.
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 the Secretary of State the power to make regulations that impose duties on a landlord. If regulations are made, the landlord must provide the secretary of a relevant tenants' association with information about relevant qualifying tenants. The regulations may set out what information must be provided, require the landlord to seek the tenant's consent, and identify how many tenants did not consent. They may also allow the landlord to charge costs, set time limits, specify the form of notices, and give a court or tribunal power to remedy a failure to comply.
A "relevant tenants' association" means an association of tenants of the landlord where at least one tenant is a qualifying tenant of a dwelling in England. A "relevant qualifying tenant" is either a qualifying tenant who is a member of the association, or a person who is a qualifying tenant by being required to contribute to the same costs as a member. A "qualifying tenant" is a tenant who under the lease must contribute to the same costs as another tenant by paying a service charge.
Regulations under this section are made by statutory instrument, which can be annulled by a resolution of either House of Parliament.
When it applies
- A tenants' association asks the landlord for a list of all tenants who pay service charges, and the landlord refuses to provide it.
- A landlord wants to know whether he can charge a fee for providing information about tenants to the association.
- A tenant objects to the landlord sharing their personal data with the tenants' association, and the landlord must check consent.
- A court makes an order requiring the landlord to provide information after the landlord fails to comply with regulations.
What this section does not say
- This section does not itself give tenants a right to demand information from the landlord; that right exists only if regulations are made under it.
- It does not apply to tenants in Wales, only to dwellings in England.
- It does not define what specific information must be provided; that is left to the regulations.
- It does not provide a direct penalty or remedy for a tenant if the landlord fails to provide information; the regulations may create such remedies.
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This page reproduces the text of LTA 1985 s. 29A 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.