Schedule 8: Remediation costs under qualifying leases Paragraph 14: Presumptions relating to landlord under qualifying lease Effect
Paragraph 14 makes provision about the determination of whether a landlord for a relevant building meets the contribution condition and whether a relevant landlord is responsible for relevant defects.
	Sub-paragraph (1) makes provision in connection with the contribution condition (to which see paragraph 3 of Schedule 8). It sets out that the landlord under the qualifying lease is to be treated as having met the contribution condition unless they have provided a certificate to the leaseholder which complies with prescribed requirements. This has the effect of requiring the landlord to provide a certificate demonstrating that they do not meet the contribution condition before being able to pass on costs to qualifying leaseholders.
	Sub-paragraph (2) provides a power which allows provision analogous to that set out in sub-paragraph (1) to be made in respect of demonstrating that a landlord was not responsible for specified relevant defects (to which see paragraph 2 of Schedule 8). The power will allow regulations to be made setting out that the landlord is treated as being responsible for identified relevant defects according to paragraph 2 unless they have provided a certificate demonstrating that they were not responsible for the defects.
	Sub-paragraph (1) states that the certificate must comply with any "prescribed requirements". This means that requirements that the certificate must meet may be set out in regulations made by the Secretary of State. Sub-paragraph (3) sets out further detail as to what the prescribed requirements in the regulations may include. These are: the information that is to be provided by the landlord in the certificate; the form of the certificate, meaning the way in which the certificate and the information contained within it are to be presented; and the execution of the certificate, meaning the way in which the certificate is to be provided, including any relevant timescales.