36. Section 77 of the Principal Act is amended—

(a) by inserting the following subsection after subsection (1):

“(1A) Without prejudice to subsection (1), where the breach of duty referred to in that subsection concerns a breach of duty referred that relates to the obligation of the tenant under section 16(h), the complaint may, if the conditions specified in subsection (2A) are satisfied, be referred to the Board by, or on behalf of, a person referred to in section 15.”,

(b) by inserting the following subsection after subsection (2):

“(2A) The conditions mentioned in subsection (1A) are—

(a) the person referred to in section 15 is or was directly and adversely affected by the breach of duty alleged in the complaint, and

(b) before making the reference, the person referred to in section 15 took all reasonable steps to resolve the matter—

(i) by communicating or attempting to communicate with the landlord or former landlord, or

(ii) by—

(I) requesting a person referred to in subsection (4) (in this section referred to as a ‘subsection (4) person’) to communicate with the landlord or former landlord on his or her behalf, and

(II) the subsection (4) person to whom such request was made having communicated or attempted to communicate with the landlord or former landlord on behalf of the person referred to in section 15,

and the requirement in this paragraph shall not be read as requiring the institution of legal proceedings or the landlord, or former landlord, being given to understand that such proceedings might be instituted.”,

(c) in subsection (3) by—

(i) inserting “or, as the case may be, subsection (2A)(b) ” after “with subsection (2)(b) ”, and

(ii) inserting “or, as the case may be, a subsection (4) person to whom a request under subsection (4) has been made,” after “under this section”,

and

(d) by inserting the following subsections after subsection (3):

“(4) In the case of a complaint referred to in subsection (1A) a person referred to in section 15 may request—

(a) an owners’ management company within the meaning of the Multi-Unit Developments Act 2011,

(b) a body corporate, or

(c) an unincorporated body of persons where one of the principal objects of the unincorporated body is to promote the safety and security of dwellings or the safety, security and the general well-being of persons residing in the vicinity of the dwelling that is the subject of the tenancy concerned and includes a body commonly known as a residents’ association or a neighbourhood watch group,

to do either or both of the following on his or her behalf:

(i) to make the communication referred to in subsection (2A)(b);

(ii) to refer the complaint referred to in subsection (1A) to the Board.

(5) For the purposes of section 75(4)(e), where, in accordance with this section, a subsection (4) person—

(a) refers a complaint to the Board on behalf of a person referred to in section 15, or

(b) makes the communication referred to in subsection (2A)(b) on behalf of a person referred to in section 15,

the subsection (4) person shall not be treated as a party to the complaint under this section and shall not be construed as being a party to a complaint under this section for the purposes of this Part.”.