Part 6 – Leasehold and estate management: Redress schemes Section 100: Leasehold and estate management: redress schemes
Section 100(1) provides that the Secretary of State may make regulations to require a person (a landlord or estate management company) that carries out estate management for a dwelling in England in a "relevant capacity" to be a member of a redress scheme. The definition of "estate management" is set out in Subsection (8), and means the provision of services, the carrying out of maintenance, repairs or improvements, the effecting of insurance, or the making of payments for the benefit of one or more dwellings.
	Subsection (2) sets out that a person carries out estate management in a "relevant capacity" if they do so either as a relevant landlord of the dwelling, or as an estate manager. Subsection (8) defines "relevant landlord" as a landlord under a long lease of the dwelling; and defines "estate manager" as a body of persons (whether incorporated or not) which carries out, or is required to carry out, estate management, and which recovers the costs of carrying out estate management by means of "relevant obligations". The meaning of "relevant obligations" is set out in Subsection (8).
	Subsection (3) clarifies that a person may not be required to be a member of a redress scheme under this Section if they carry out estate management only as a leaseholder, or as an agent.
	Subsection (4) sets out that a "redress scheme" is a scheme which: allows complaints against a member of the scheme, by a current or former owner of a dwelling where estate management is carried out, to be investigated and determined independently. The "redress scheme" is a scheme which is either approved by the lead enforcement authority for this purpose; or administered by or behalf of the lead enforcement authority and designated by the lead enforcement authority for these purposes. The "lead enforcement authority" is defined in Subsection (8) and means either the Secretary of State or another person designated by the Secretary of State as the lead enforcement authority.
	Subsection (5) allows the Secretary of State to make regulations under subsection (1) to require a person (a landlord or estate management company) to remain a member of a redress scheme after they cease to be a person required to join a scheme under that subsection, for a period specified in the regulations. This may provide that landlords or estate management companies who were required to be a member of a redress scheme under subsection (1), but are no longer so required (for example, because they have ceased carrying out estate management), may still be required to remain a member of a scheme for a specified period after that point.
	Subsection (6) makes clear that, before making regulations under subsection (1) requiring a person (a landlord or estate management company) to be a member of a redress scheme, the Secretary of State must be satisfied that all persons (landlords and estate management companies) who are to be required to be a member, are able to join a scheme. This is subject to any provision about expulsion from the scheme – see Section 103(3)(l).
	Subsection (7) sets out that potential consequences of breaching regulations under subsection (1) are contained in Section 24(2)(ad) of the LTA 1987 (appointment of a manager by tribunal) and Section 92(3)(e) of the Act, as well as Section 105 of the Act (financial penalties by enforcement authorities).
	Subsection (8) provides definitions of key terms used in this Part, being "estate management", "estate manager", "the lead enforcement authority" (with further provision about the lead enforcement authority in Section 108), "relevant landlord" and "relevant obligation".
	Subsection (9) sets out that arrangement under paragraph (d) of the definition of "relevant obligation" in subsection (8) includes an arrangement where an owner is required to ensure that any immediate successor in title to the owner enters into an obligation.
	Subsection (10) provides that the Secretary of State may make regulations (including provision to amend the Act) for the purpose of changing the meaning of "relevant capacity", "relevant landlord", or "relevant obligation" as defined in Subsections (2) and (8).
	Subsection (11) makes clear that a statutory instrument containing regulations under this section (whether alone or with other provision) is subject to the affirmative procedure.