Landlord and Tenant Act 1985

28Meaning of “qualified accountant”.

(1)The reference to a “qualified accountant” in section 21(6) (certification of summary of information about relevant costs) is to a person who, in accordance with the following provisions, has the necessary qualification and is not disqualified from acting.

(2)A person has the necessary qualification if he is a member of one of the following bodies—

• the Institute of Chartered Accountants in England and Wales,

• the Institute of Chartered Accountants in Scotland,

• the Association of Certified Accountants,

• the Institute of Chartered Accountants in Ireland, or

• any other body of accountants established in the United Kingdom and recognised by the Secretary of State for the purposes of section 389(1)(a) of the [1985 c. 6.] Companies Act 1985,

or if he is a person who is for the time being authorised by the Secretary of State under section 389(1)(b) of that Act (or the corresponding provision of the [1948 c. 38.] Companies Act 1948) as being a person with similar qualifications obtained outside the United Kingdom.

(3)A Scottish firm has the necessary qualification if each of the partners in it has the necessary qualification.

(4)The following are disqualified from acting—

(a)a body corporate, except a Scottish firm;

(b)an officer or employee of the landlord or, where the landlord is a company, of an associated company;

(c)a person who is a partner or employee of any such officer or employee.

(5)For the purposes of subsection (4)(b) a company is associated with a landlord company if it is (within the meaning of section 736 of the Companies Act 1985) the landlord’s holding company, a subsidiary of the landlord or another subsidiary of the landlord’s holding company.

(6)Where the landlord is a local authority, a new town corporation or the Development Board for Rural Wales—

(a)the persons who have the necessary qualification include members of the Chartered Institute of Public Finance and Accountancy, and

(b)subsection (4)(b) (disqualification of officers and employees of landlord) does not apply.