409.This section places a duty on relevant persons to give information or a document to a duty holder for a relevant HMO where the criteria in subsection (3) are satisfied.
410.A relevant person for the purposes of this section is set out in subsection (2).
411.Subsection (3)(a) provides that the information or document requested by a duty holder must be necessary for them to be able to comply with a requirement under the Act or regulations made under it. Subsection (3)(b) provides that a request under this section must be in writing and details what a written request must contain. For the duty in subsection (1) to apply, it must be reasonable for the relevant person to give the information or document to the duty holder (subsection (3)).
412.Subsection (3)(d) means that the duty holder cannot request information under subsection (1) if the duty holder can request the same information from the relevant person under the information sharing duties placed on occupiers of relevant HMOs by section 88(4).
413.A disclosure of information or a document under this section will not breach any obligation of confidence owed by the person making the disclosure, or any other restriction on the disclosure of information or a document; but by virtue of section 183A of the Data Protection Act 2018 it will be subject to the requirements of data protection legislation relating to the processing of personal data.
414.Subsection (6) provides that references to an accountable person in this section includes persons treated as an accountable person under section 36.
Commentary on Sections Provision of information and documents relating to relevant HMOs Section 86 - Requirement to give information and documents to duty holder