Schedule 8: Remediation costs under qualifying leases Paragraph 16: Information from landlords Background
This is a new provision.
	Paragraph 15 creates a power to make regulations requiring information to be provided by the leaseholder to the landlord. Paragraph 16 contains analogous powers allowing regulations to be made setting out information that is to be provided by landlords.
	Paragraph 16 allows the regulations to specify that information and documents are to be given to leaseholders, as well as to prescribed persons. As discussed in the explanatory note to paragraph 12, a building can have multiple relevant landlords, for example a freeholder and a head lessee and multiple additional superior landlords. As well as sharing information between landlord and tenant, where there are multiple relevant landlords for a building it will be necessary for relevant landlords to share information between themselves. The power also allows for other persons to be prescribed in the regulations.
	Several key pieces of information will need to be provided by the landlord to tenants. Paragraph 14 makes provision in connection with a certificate that needs to be provided to tenants demonstrating that the landlord was not responsible for given relevant defects and does not meet the contribution condition. Regulations made under paragraph 14 will require the landlord to provide a certificate of a prescribed form to the leaseholder; paragraph 16 will allow regulations to be made requiring evidence in support of the information contained within the certificate to be provided.
	Other information not directly connected to the certificate in paragraph 14 will also need to be provided by the landlord to the tenant. In particular, paragraph 5 sets out that costs for relevant measures relating to relevant defects incurred in the five years leading up to commencement count towards the permitted maximum caps set out in paragraph 6. The landlord will need to inform leaseholders of any costs that have been incurred to date, and of the leaseholders’ maximum liability going forward.
	As well as providing information to tenants, relevant landlords for the building will also need to share information among themselves and the powers at paragraph 16 allow regulations to be made providing for this.