The Building Safety (Leaseholder Protections) (England) Regulations 2022

a landlord under a lease of the relevant building or any part of it where that landlord is a company owned in part or in full by a majority of residential leaseholders of the building;

a person who was such a landlord at the qualifying time; or

a commonhold association, within the meaning of section 34 of the Commonhold and Leasehold Reform Act 2002.

the “total assets”, “total liabilities” and “intangible assets” of the relevant landlord and landlord group are to be determined from the most recent audited or filed accounts for that group audited or filed after 14 February 2017 but before 14 February 2022;

subject to paragraph (3)(c) below, a copy of the accounts as set out in paragraph (3)(a) above must be provided to the leaseholder under regulation 6(5)(b);

where audited accounts are not available, the landlord may produce as evidence for the landlord’s certificate according to regulation 6 the accounts which have most recently been filed at the relevant companies’ registry for the country in which the company is registered;

where the accounts referred to in this paragraph are not prepared in pounds sterling, the value of any asset or liabilities must be converted using the Bank of England daily spot rate for the respective currency on 14 February 2022;

Those persons jointly shall be the relevant landlord;

The total net worth of the relevant landlord should be taken as the sum of the net worth of each person and their associates; and

The number of relevant buildings^f4 is the total number of relevant buildings owned either leasehold or freehold by each person and their associates.

when the current landlord makes a demand to a leaseholder for the payment of a remediation service charge;

within four weeks of receipt of notification from the leaseholder that the leasehold interest is to be sold;

within four weeks of becoming aware (either themselves or by notification from another person) of a relevant defect not covered by a previous landlord’s certificate; or

within four weeks of being requested to do so by the leaseholder.

within four weeks of becoming aware of a new leaseholder deed of certificate (as defined in regulation 6 of the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022) which is in relation to a lease of a dwelling in the building of which the current landlord is the landlord and which contained information that was not included in a previous landlord’s certificate.

be in the form set out in Schedule 1,

confirm whether or not the relevant landlord (as defined in paragraph 3(1) to Schedule 8 of the Act) met the contribution condition under paragraph 3 of that Schedule,

confirm whether or not the relevant landlord (as defined in paragraph 2(4) to Schedule 8 of the Act), met the condition in paragraph 2(2) of that Schedule 8 and was responsible for^f1 the relevant defect or was associated with a person responsible for a relevant defect,

contain the information referred to in paragraph (3),

be accompanied by the evidence set out in paragraph (4),

be signed by the person who is the current landlord on the date the certificate is completed.

either the relevant landlord (as defined in paragraph 3(1) of Schedule 8 to the Act) met the contribution condition under paragraph 3 of that Schedule or the leaseholder’s lease is not a qualifying lease as defined in section 119 of the Act, and

the relevant landlord (as defined in paragraph 2(4) of Schedule 8 to the Act)—

the relevant landlord (as defined in paragraph 2(4) of Schedule 8 to the Act)—

the relevant landlord (as defined in paragraph 3(1) of Schedule 8 to the Act) did not meet the contribution condition under paragraph 3 of that Schedule,

the relevant landlord (as defined in paragraph 2(4) of Schedule 8 to the Act) did not meet the condition in paragraph 2(2) of that Schedule, and

either the relevant landlord (as defined in paragraph 3(1) of Schedule 8 to the Act) met the contribution condition under paragraph 3 of that Schedule, or the leaseholder’s lease is not a qualifying lease as defined in section 119 of the Act,

the relevant landlord (as defined in paragraph 2(4) of Schedule 8 to the Act) did not meet the condition in paragraph 2(2) of that Schedule, and

the relevant landlord (as defined in paragraph 3(1) of Schedule 8 to the Act) is exempt from the contribution condition under paragraph 3(6) of that Schedule,

the relevant landlord (as defined in paragraph 2(4) of Schedule 8 to the Act)—

the relevant landlord (as defined in paragraph 3(1) of Schedule 8 to the Act) is exempt from the contribution condition under paragraph 3(6) of that Schedule,

the relevant landlord (as defined in paragraph 2(4) of Schedule 8 to the Act) did not meet the condition in paragraph 2(2) of that Schedule,

the relevant landlord (as defined in paragraph 3(1) of Schedule 8 to the Act) did not meet the contribution condition under paragraph 3 of that Schedule, and

the value of the qualifying lease on 14th February 2022 was below £325,000 in Greater London or £175,000 elsewhere in England,

the percentage of the storeys in the relevant building for which each relevant landlord was the landlord at the qualifying time;

in relation to the condition in paragraph 2 of Schedule 8 to the Act, where a relevant landlord was part of a landlord group at the qualifying time, details of the corporate structure of the relevant landlord and any person associated with the relevant landlord and including—

in relation to the condition in paragraph 3 of Schedule 8 to the Act, where the relevant landlord (as defined in paragraph 3(1) of Schedule 8 to the Act) was part of a landlord group at the qualifying time—

the set of company accounts for the relevant landlord (in accordance with regulation 5) and, where the relevant landlord is part of a landlord group, for each company in the landlord group;

a statement from a chartered accountant or finance director of the landlord company—

documents or receipts that demonstrate that the relevant building was constructed or converted before the relevant period^f2 and details of any relevant works^f3 which were carried out in the relevant period;

evidence (where applicable) that—

details of any relevant defects and F4any relevant measures (as defined in paragraph 1 of Schedule 8 to the Act) taken in relation to those relevant defects since 28th June 2017; and

details of any costs paid or due to be paid in relation to F5any relevant measures taken in relation to any relevant defects in the relevant building since 28 June 2017, including—

in paragraphs (2)(b) F8, (2B)(a), (2C)(b), (2D)(b), (2E)(b), (2F)(b), (2G)(b), (3)(c) and (4)(a) and (b), has the meaning given in paragraph 3(1) of Schedule 8 to the Act;

otherwise, has the meaning given in paragraph 2(4) of Schedule 8 to the Act.

the names of all the directors of each company in that group and directors of each corporate trustee, including in each case nominee and shadow directors or any person occupying the position of director by whatever name called;

the name of any other person or persons who has the right to exercise or does exercise significant control or influence directly or indirectly over the group;

details of the type of trust if any, the law to which it is subject and where it is tax resident; and

in relation to trusts with an interest in the shares of any company comprised in the group, details of the economic settlor, the named beneficiaries or class of beneficiaries and protector and any other person who has the right to exercise or does exercise significant influence or control directly or indirectly over the trust.

where the leasehold interest of the dwelling (“D”) to which the qualifying lease relates was most recently disposed of after 31 December 2020, the price paid at completion (in pounds sterling to the nearest pound) for that leasehold interest;

where the most recent disposal of D took place on the open market on or before 31 December 2020, to be determined by applying the following formula—

V_y × M_y

where—

• V_y is the price paid at completion (in pounds sterling to the nearest pound) for D;

• M_y is the multiplier for the year in which that disposal took place, as set out in the table in Schedule 2.

“substitute qualifying lease” means a qualifying lease of the most recently disposed of dwelling in the same building, ignoring any dwellings which had an internal floorspace which is more than 15% larger or 15% smaller than D; and

any reference to a disposal means a disposal on the open market.

no service charge is payable under a non-residential lease in a relevant building where the conditions set out in paragraph 2(2) of the Act are met; and

the reference in paragraph 10(2) of Schedule 8 to the Act applies to non-residential leases.

the applicant believes that a relevant landlord has made a false claim in the landlord’s certificate provided under regulation 6, including but not limited to—

the relevant landlord or current landlord has not given the leaseholder sufficient time^f2 to provide information to prove they have a qualifying lease^f3.

carry out a review of the regulatory provision contained in these Regulations, and

publish a report settling out the conclusions of the review.

set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

assess the extent to which those objectives are achieved,

assess whether those objectives remain appropriate, and

if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involved less onerous regulatory provision.