Landlords’ Duty to Provide Information Under s93
The RTM company will need the landlord to provide whatever it ‘reasonably requires in connection with the exercise of the right to manage’ under s93. This is a different provision from the request for information because that required information for the purpose of serving the Notice of Claim. This right is for information necessary for the management of the building and in order to effect a smooth transition of management, this notice should be served at least 28 days before acquisition date.
This is to allow the landlord sufficient time to supply any and all information that will help the RTM company from that date onwards. Whilst the company willl need to be very clear on what it requires such as sight and inspection (or copies) of accounts, service charges, maintenance schedules and whether there are any future building works planned etc, and although providing information is statutory on the part of the landlord, he doesn’t have to volunteer it!. The closer to acquisition date the notice served the less likely it will be that a smooth handover will be effected because of the 28 day timeframe so if, for example the notice was served 15 days before acquisition date, the landlord would have still have 13 days over the date to respond. He could also, perfectly legally, delay information provision until 28 days after the company takes over. This would obviously have a negative impact on the ability of the new company to manage effectively until they received all the information. The delay could then go on for even longer if he fails to comply after the 28 days has expired. This would then necessitate in the situation having to go to court for enforcement.