Section 12 Application of sections 9 and 11 in cases of joint ownership etc.I1

England and Wales Not yet in force

(1)

Subsection (2) applies where, in relation to a regulated building—

(a)

two or more persons fall within section 8(2)(a) because they jointly hold a legal estate in possession in the same part of the common parts of the building (or all of the common parts);

(b)

two or more persons fall within section 8(2)(b) because—

(i)

they are jointly subject to a requirement under a lease to repair or maintain the same part of the common parts of the building (or all of the common parts), or

(ii)

they are jointly subject to a requirement by virtue of an enactment to repair or maintain the same part of the common parts of the building (or all of the common parts).

(2)

Persons that fall within subsection (1)(a) or (1)(b)(i) or (1)(b)(ii) are to be treated as one accountable person for the purposes of—

(a)

section 9(2) and (3) (meaning of principal accountable person);

(b)

a determination under section 11(1)(c) (part of the building for which any accountable person is responsible).

Annotations

Commencement

I1: S. 12 not in force at Royal Assent, see s. 138(2)