The Building Safety Act 2022 contains restrictions on landlords recovering certain costs of remedying safety defects in buildings which are 11 meters or 5 storeys high or over and contain at least 2 dwellings via service charges.
Various Regulations have been passed since the Act came into force including Regulations relating to Landlord Certificates and Leaseholder Certificates.
The Building Safety (Leaseholder Protections etc.) (England) (Amendment) Regulations 2023 came into force on 5th August 2023. They include Regulations relating to Landlord and Leaseholder Certificates which:
- prescribe a new form of Landlord Certificate
- modify the requirements relating to the evidence and information that must accompany a Landlord Certificate
- add an additional trigger event for provision of a Landlord Certificate, within four weeks, where the landlord becomes aware of a new Leaseholder Certificate
- require the current landlord to provide copies of Leaseholder and Landlord Certificates to other landlords of premises in the building, any RMC, RTM company or named manager. Where copies are required to be provided that must be done within one week of receipt or provision of the relevant Certificate. Failure to comply with the requirements to provide copy certificates within that timescale means costs cannot be passed on to leaseholders.
Client Alert 2023-186