OpenLegislation

Section 77 Reference of contracts to ... tribunals and obtaining by them of information.F5

England and Wales

(1)

Either the lessor or the lessee under a restricted contract . . . F1 may refer the contract to the F2appropriate tribunal . . . F3.

(2)

Where a restricted contract is referred to F4the appropriate tribunal under subsection (1) above they may, by notice in writing served on the lessor, require him to give to them, within such period (not less than 7 days from the date of the service of the notice) as may be specified in the notice, such information as they may reasonably require regarding such of the prescribed particulars relating to the contract as are specified in the notice.

C1(3)

If, within the period specified in a notice under subsection (2) above, the lessor fails without reasonable cause to comply with the provisions of the notice he shall be liable on a first conviction to a fine not exceeding £50 and on a second or subsequent conviction to a fine not exceeding £100.

(4)

Proceedings for an offence under this section shall not be instituted otherwise than by the local authority.

Annotations

Textual amendments

F1

Words repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140, Sch. 17 para. 23, Sch. 18

F2

Word in s. 77(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 19(b) (with Sch. 3)

F3

Words repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26

F4

Words in s. 77(2) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 19(c) (with Sch. 3)

F5

Word in s. 77 heading omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 19(a) (with Sch. 3)

Modifications

C1

Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

Notes on Part V

Modifications

C1

Pt. 5 continued (W.) (in relation to an occupation contract which immediately before 1.12.2022 was a restricted contract) by The Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022 (S.I. 2022/1172), regs. 1(2), 14 (with reg. 19)