Section 86 Requirement to give information and documents to duty holderI1

England and Wales Not yet in force

(1)

Where this subsection applies, a person who is a relevant person in relation to a building must give information or a document to a duty holder for a relevant HMO in the building (see also article 22E of the Fire Safety Order).

(2)

For the purposes of this section a person is a relevant person in relation to a building if—

(a)

the building is a regulated building and the person—

(i)

is an accountable person for the building;

(ii)

is a duty holder for a relevant HMO in the building;

(b)

the person—

(i)

holds a legal estate in any part of the building;

(ii)

holds a legal estate in any part of premises that form part of the same structure or set of structures as the building and are wholly or partly above or below the building.

(3)

Subsection (1) applies where—

(a)

the information or document is necessary for the duty holder to comply with a requirement under this Act or regulations made under it,

(b)

the duty holder gives the relevant person a written request that—

(i)

states that the request is made pursuant to this section,

(ii)

explains why the duty holder requires the information or document,

(iii)

states the address to which the information or document must be given, and

(iv)

states that the information or document must be given before the end of a specified date no less than 14 days after the day on which the request is given,

(c)

it is reasonable for the relevant person to give the duty holder the information or document, and

(d)

in the case of a request for information, the duty holder cannot request the information from the relevant person under section 88(4).

(4)

The disclosure of information or a document in accordance with this section does not breach—

(a)

any obligation of confidence owed by the person making the disclosure, or

(b)

any other restriction on the disclosure of information or a document (however imposed).

(5)

But see also section 183A of the Data Protection Act 2018 (c. 12) (protection of requirements for processing personal data).

(6)

In this section, references to an accountable person include a person who is treated as an accountable person by virtue of section 36.

Annotations

Commencement

I1: S. 86 not in force at Royal Assent, see s. 138(2)