Regulation 3 Specified time for disclosure of green deal plan: lettings

(1)

This regulation provides for the specified time for the purposes of section 12(2)(b) of the Act^f1 where a green deal property is to be let.

(2)

Except where paragraph (4), (6) or (8) applies, the specified time is at or before the time B views the green deal property.

(3)

Paragraph (4) applies where, in respect of a green deal property situated in England or Wales, B becomes a prospective tenant or licensee by virtue of making—

(a)

an information request or a viewing request and—

(i)

subsequently B makes an offer, either orally or in writing;

(ii)

B does not view the property before making that offer; and

(iii)

paragraph (8) does not apply;

(b)

an offer, either orally or in writing.

(4)

Where this paragraph applies, the specified time is, where A intends that the property is to be let under—

(a)

a written contract, at or before the time A or an agent informs B that A accepts B’s offer subject to a contract to let the property being concluded; or

(b)

an oral contract, before the contract to let the property is made.

(5)

Paragraph (6) applies where, in respect of a green deal property situated in Scotland, B becomes a prospective tenant or licensee by virtue of making—

(a)

an information request or a viewing request and—

(i)

subsequently B makes an offer, either orally or in writing;

(ii)

B does not view the property before making that offer; and

(iii)

paragraph (8) does not apply;

(b)

an offer, either orally or in writing.

(6)

Where this paragraph applies, the specified time is before the contract to let the property is made.

(7)

Paragraph (8) applies where—

(a)

B occupies the green deal property; and

(b)

B becomes a prospective tenant or licensee by virtue of making an information request.

(8)

Where this paragraph applies, the specified time is—

(a)

as soon as practicable after the information request is received by A or an agent; but

(b)

before the contract to let the property is made.

Annotations

Footnotes

f1: Section 12(2)(b) requires a seller, prospective landlord or licensor to provide the document produced or updated under section 8(4) to a prospective buyer, tenant or licensee at a specified time. A document produced or updated under section 8(4) is one which includes information in connection with a green deal plan.