- Latest available (Revised)
- Original (As enacted)
Leasehold Reform, Housing and Urban Development Act 1993, Cross Heading: Preliminary inquiries by tenants is up to date with all changes known to be in force on or before 22 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)A qualifying tenant of a flat may give—
(a)to [F1any immediate landlord of his], or
(b)to any person receiving rent on behalf of [F1any immediate landlord of his],
a notice requiring the recipient to give the tenant (so far as known to the recipient) the name and address of [F1every person who owns a freehold interest in] the relevant premises and the name and address of every other person who has an interest to which subsection (2) applies.
(2)In relation to a qualifying tenant of a flat, this subsection applies to the following interests, namely—
(a)the freehold of any property not contained in the relevant premises—
(i)which is demised by the lease held by the tenant, or
(ii)which the tenant is entitled under the terms of his lease to use in common with other persons; and
(b)any leasehold interest in the relevant premises or in any such property which is superior to that of [F2any immediate landlord of the tenant].
(3)Any qualifying tenant of a flat may give to [F3any person who owns a freehold interest in] the relevant premises a notice requiring him to give the tenant (so far as known to him) the name and address of every person, apart from the tenant, who is—
(a)a tenant of the whole of the relevant premises, or
(b)a tenant or licensee of any separate set or sets of premises contained in the relevant premises, or
(c)a tenant or licensee of the whole or any part of any common parts so contained or of any property not so contained—
(i)which is demised by the lease held by a qualifying tenant of a flat contained in the relevant premises, or
(ii)which any such qualifying tenant is entitled under the terms of his lease to use in common with other persons.
(4)Any such qualifying tenant may also give—
[F4(a)to any person who owns a freehold interest in the relevant premises,
(aa)to any person who owns a freehold interest in any such property as is mentioned in subsection (3)(c),]
(b)to any person falling within subsection (3)(a), (b) or (c),
a notice requiring him to give the tenant—
(i)such information relating to his interest in the relevant premises or (as the case may be) in any such property F5. . ., or
(ii)(so far as known to him) such information relating to any interest derived (whether directly or indirectly) out of that interest,
as is specified in the notice, where the information is reasonably required by the tenant in connection with the making of a claim to exercise the right to collective enfranchisement in relation to the whole or part of the relevant premises.
(5)Where a notice is given by a qualifying tenant under subsection (4), the following rights shall be exercisable by him in relation to the recipient of the notice, namely—
(a)a right, on giving reasonable notice, to be provided with a list of documents to which subsection (6) applies;
(b)a right to inspect, at any reasonable time and on giving reasonable notice, any documents to which that subsection applies; and
(c)a right, on payment of a reasonable fee, to be provided with a copy of any documents which are contained in any list provided under paragraph (a) or have been inspected under paragraph (b).
(6)This subsection applies to any document in the custody or under the control of the recipient of the notice under subsection (4)—
(a)sight of which is reasonably required by the qualifying tenant in connection with the making of such a claim as is mentioned in that subsection; and
(b)which, on a proposed sale by a willing seller to a willing buyer of the recipient’s interest in the relevant premises or (as the case may be) in any such property as is mentioned in subsection (3)(c), the seller would be expected to make available to the buyer (whether at or before contract or completion).
(7)Any person who—
(a)is required by a notice under any of subsections (1) to (4) to give any information to a qualifying tenant, or
(b)is required by a qualifying tenant under subsection (5) to supply any list of documents, to permit the inspection of any documents or to supply a copy of any documents,
shall comply with that requirement within the period of 28 days beginning with the date of the giving of the notice referred to in paragraph (a) or (as the case may be) with the date of the making of the requirement referred to in paragraph (b).
(8)Where—
(a)a person has received a notice under subsection (4), and
(b)within the period of six months beginning with the date of receipt of the notice, he—
(i)disposes of any interest (whether legal or equitable) in the relevant premises [F6or in any such property as is mentioned in subsection (3)(c)] otherwise than by the creation of an interest by way of security for a loan, or
(ii)acquires any such interest (otherwise than by way of security for a loan),
then (unless that disposal or acquisition has already been notified to the qualifying tenant in accordance with subsection (7)) he shall notify the qualifying tenant of that disposal or acquisition within the period of 28 days beginning with the date when it occurred.
(9)In this section—
[F7“document” means anything in which information of any description is recorded, and in relation to a document in which information is recorded otherwise than in legible form any reference to sight of the document is to sight of the information in legible form;]
“the relevant premises”, in relation to any qualifying tenant of a flat, means—
if the person who owns the freehold interest in the flat owns [F8, or the persons who own the freehold interests in the flat own,] the freehold of the whole of the building in which the flat is contained, that building, or
if that person owns [F8, or those persons own,] the freehold of part only of that building, that part of that building;
and any reference to an interest in the relevant premises includes an interest in part of those premises.
Textual Amendments
F1Words in s. 11(1) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 5(2)(a)(b); S.I. 1996/2212, art. 2(2) (with savings in Sch.)
F2Words in s. 11(2)(b) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 5(3); S.I. 1996/2212, art. 2(2) (with saving in Sch.)
F3Words in s. 11(3) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 5(4); S.I. 1996/2212, art. 2(2) (with saving in Sch.)
F4S. 11(4)(a)(aa) substituted (1.10.1996) for s. 11(4)(a) by 1996 c. 52, s. 107, Sch. 10 para. 5(5); S.I. 1996/2212, art. 2(2) (with savings in Sch.)
F5Words in s. 11(4)(i) repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. V; S.I. 1996/2212, art. 2(2) (with savings in Sch.)
F6Words in s. 11(8)(b)(i) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 5(6); S.I. 1996/2212, art. 2(2) (with saving in Sch.)
F7S. 11(9); definition of 'document' substituted (31.1.1997) by 1995 c. 38, s. 15(1), Sch. 1 para.17 (with ss. 1(3), 6(4)(5), 14); S.I. 1996/3217 art.2
F8Words in s. 11(9)(a)(b) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 5(7)(a)(b); S.I. 1996/2212, art. 2(2) (with saving in Sch.)
(1)Any notice given by a qualifying tenant under section 11(4) shall, in addition to any other requirement imposed in accordance with that provision, require the recipient to give the tenant—
(a)the information specified in subsection (2) below; and
(b)(so far as known to the recipient) the information specified in subsection (3) below.
(2)The information referred to in subsection (1)(a) is—
(a)whether the recipient has received in respect of any premises containing the tenant’s flat—
(i)a notice under section 13 in the case of which the relevant claim is still current, or
(ii)a copy of such a notice; and
(b)if so, the date on which the notice under section 13 was given and the name and address of the nominee purchaser for the time being appointed for the purposes of section 15 in relation to that claim.
(3)The information referred to in subsection (1)(b) is—
(a)whether the tenant’s flat is comprised in any property in the case of which any of paragraphs (a) to (d) of section 31(2) is applicable; and
(b)if paragraph (b) or (d) of that provision is applicable, the date of the application in question.
(4)Where—
(a)within the period of six months beginning with the date of receipt of a notice given by a tenant under section 11(4), the recipient of the notice receives in respect of any premises containing the tenant’s flat—
(i)a notice under section 13, or
(ii)a copy of such a notice, and
(b)the tenant is not one of the qualifying tenants by whom the notice under section 13 is given,
the recipient shall, within the period of 28 days beginning with the date of receipt of the notice under section 13 or (as the case may be) the copy, notify the tenant of the date on which the notice was given and of the name and address of the nominee purchaser for the time being appointed for the purposes of section 15 in relation to the relevant claim.
(5)Where—
(a)the recipient of a notice given by a tenant under section 11(4) has, in accordance with subsection (1) above, informed the tenant of any such application as is referred to in subsection (3)(b) above; and
(b)within the period of six months beginning with the date of receipt of the notice, the application is either granted or refused by the Commissioners of Inland Revenue or is withdrawn by the applicant,
the recipient shall, within the period of 28 days beginning with the date of the granting, refusal or withdrawal of the application, notify the tenant that it has been granted, refused or withdrawn.
(6)In this section “the relevant claim”, in relation to a notice under section 13, means the claim in respect of which that notice is given; and for the purposes of subsection (2) above any such claim is current if—
(a)that notice continues in force in accordance with section 13(11), or
(b)a binding contract entered into in pursuance of that notice remains in force, or
(c)where an order has been made under section 24(4)(a) or (b) or 25(6)(a) or (b) with respect to any such premises as are referred to in subsection (2)(a) above, any interests which by virtue of the order fall to be vested in the nominee purchaser have yet to be so vested.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: