Regulation 11 Application to First-tier TribunalI1

England and Wales

(1)

This regulation applies where a leaseholder or relevant landlord (the “applicant”) wishes to apply to the First-tier Tribunal for an order under paragraph 16(5) of Schedule 8 to the Act.

(2)

The applicant can make an application under paragraph (1) above where—

(a)

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—

(i)

stating that the relevant landlord is not the developer^f1 of the relevant building or is not associated with the developer; or

(ii)

stating the relevant landlord does not meet the contribution condition;

(b)

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.

(3)

In this regulation, “relevant landlord” has the meaning given in paragraph 16(8) of Schedule 8 to the Act.

Annotations

Commencement

I1: Reg. 11 in force at 20.7.2022, see reg. 1(1)

Footnotes

f1: See paragraph 2(4) of Schedule 8 to the Act for the definition of “developer”.
f2: See The Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022.
f3: See section 119 of the Act for the definition of “qualifying lease”.