Schedule 8: Remediation costs under qualifying leases Paragraph 14: Presumptions relating to landlord under qualifying lease Proposed use of power
The power at sub-paragraph (1) will be used to prescribe requirements relating to the certificate provided by the landlord, including the information that is to be contained within it, the form of the certificate, and the way in which the landlord is required to execute the certificate.
	The power at sub-paragraph (2) will be used to make provision which requires that a certificate is provided to leaseholders evidencing that the landlord was not responsible for given relevant defects, and that the landlord is to be treated as being responsible for creating the relevant defects unless such a certificate is provided.
Example
The freeholder of a building is part of a complex wider group structure. Before the freeholder of the building can pass on any costs relating to relevant defects to qualifying leaseholders, they must provide a certificate to leaseholders evidencing that they do not meet the contribution condition (that is, that, at the qualifying time, the landlord group had a net worth of less than £2,000,000 per relevant building owned by the group). If the certificate is not provided, or the certificate does not comply with prescribed requirements (which will be set out in regulations) then the landlord is treated as having met the contribution condition; this means that no costs relating to relevant defects can be passed on to qualifying leaseholders.