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Landlord and Tenant Act 1985

The Landlord and Tenant Act 1985 reporduced in full, courtesy of the Crown.

An Act to consolidate certain provisions of the law of landlord and tenant formerly found in the Housing Acts, together with the Landlord and Tenant Act 1962, with amendments to give effect to recommendations of the Law Commission.

[30th October 1985]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows;—

Annotations:
Modifications etc. (not altering text)

C1A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.

C2Act: certain functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C3Act amended by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 2(3)

C4Act modified by S.I. 1988/1283, art. 2, Sch. para. 7

C5Act: definition applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167, 223(2), Sch. 11 para. 10 (with ss. 82(3), 186(1), 222(1), Sch. 13 paras. 1, 2 , Sch. 14 para. 6)
Act :definition applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 168(3), 225(2), Sch. 19 para. 10 (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)

Commencement Information

I1Act not in force at Royal Assent: Act wholly in force at 1. 4. 1986

Information to be given to tenant

1 Disclosure of landlord’s identity

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

(3)In this section and section 2—

(a)“tenant” includes a statutory tenant; and

(b)“landlord” means the immediate landlord.

2 Disclosure of directors, &c. of corporate landlord

(1)Where a tenant is supplied under section 1 with the name and address of his landlord and the landlord is a body corporate, he may make a further written request to the landlord for the name and address of every director and of the secretary of the landlord.

(2)The landlord shall supply the tenant with a written statement of the information requested within the period of 21 days beginning with the day on which he receives the request.

(3)A request under this section is duly made to the landlord if it is made to—

(a)an agent of the landlord, or

(b)a person who demands the rent of the premises concerned:

and any such agent or person to whom such a request is made shall forward it to the landlord as soon as may be.

(4)A landlord who, without reasonable excuse, fails to comply with a request under this section, and a person who, without reasonable excuse, fails to comply with a requirement imposed on him by subsection (3), commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

3 Duty to inform tenant of assignment of landlord’s interest

(1)If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months.

(2)If trustees consititute the new landlord, a collective description of the trustes as the trustees of the trust in question may be given as the name of the landlord, and where such a collective description is given—

(a)the address of the new landlord may be given as the address from which the affairs of the trust are conducted, and

(b)a change in the persons who are for the time being the trustees of the trust shall not be treated as an assignment of the interest of the landlord.

(3)A person who is the new landlord under a tenancy falling within subsection (1) and who fails, without reasonable excuse to give the notice required by that subsection, commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

[F1(3A)The person who was the landlord under the tenancy immediately before the assignment (“the old landlord”) shall be liable to the tenant in respect of any breach of any covenant, condition or agreement under the tenancy occurring before the end of the relevant period in like manner as if the interest assigned were still vested in him; and where the new landlord is also liable to the tenant in respect of any such breach occurring within that period, he and the old landlord shall be jointly and severally liable in respect of it.

(3B)In subsection (3A) “the relevant period” means the period beginning with the date of the assignment and ending with the date when—

(a)notice in writing of the assignment, and of the new landlord’s name and address, is given to the tenant by the new landlord (whether in accordance with subsection (1) or not), or

(b)notice in writing of the assignment, and of the new landlord’s name and last-known address, is given to the tenant by the old landlord,

whichever happens first.]

(4)In this section—

(a)“tenancy” includes a statutory tenancy, and

(b)references to the assignment of the landlord’s interest include any conveyance other than a mortgage or charge.

Annotations:
Amendments (Textual)

F1S. 3(3A)(3B) inserted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 50

[F13A Duty to inform tenant of possible right to acquire landlord’s interest

(1)Where a new landlord is required by section 3(1) to give notice to a tenant of an assignment to him, then if—

(a)the tenant is a qualifying tenant within the meaning of Part I of the Landlord and Tenant Act 1987 (tenants’ rights of first refusal), and

(b)the assignment was a relevant disposal within the meaning of that Part affecting premises to which at the time of the disposal that Part applied,

the landlord shall give also notice in writing to the tenant to the following effect.

(2)The notice shall state—

(a)that the disposal to the landlord was one to which Part I of the Landlord and Tenant Act 1987 applied;

(b)that the tenant (together with other qualifying tenants) may have the right under that Part—

(i)to obtain information about the disposal, and

(ii)to acquire the landlord’s interest in the whole or part of the premises in which the tenant’s flat is situated; and

(c)the time within which any such right must be exercised, and the fact that the time would run from the date of receipt of notice under this section by the requisite majority of qualifying tenants (within the meaning of that Part).

(3)A person who is required to give notice under this section and who fails, without reasonable excuse, to do so within the time allowed for giving notice under section 3(1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.]

Annotations:
Amendments (Textual)

F1S. 3A inserted (1.10.1996) by 1996 c. 52, s. 93(1); S.I. 1996/2212, art. 2(2)(with Sch.)

Provision of rent books

4 Provision of rent books

(1)Where a tenant has a right to occupy premises as a residence in consideration of a rent payable weekly, the landlord shall provide a rent book or other similar document for use in respect of the premises.

(2)Subsection (1) does not apply to premises if the rent includes a payment in respect of board and the value of that board to the tenant forms a substantial proportion of the whole rent.

(3)In this section and sections 5 to 7—

(a)“tenant” includes a statutory tenant and a person having a contractual right to occupy the premises; and

(b)“landlord”, in relation to a person having such a contractual right, means the person who granted the right or any successor in title of his, as the case may require.

5 Information to be contained in rent books

(1)A rent book or other similar document provided in pursuance of section 4 shall contain notice of the name and address of the landlord of the premises and—

(a)if the premises are occupied by virtue of a restricted contract, particulars of the rent and of the other terms and conditions of the contract and notice of such other matters as may be prescribed;

(b)if the premises are let on or subject to a protected or statutory tenancy [F1or let on an assured tenancy within the meaning of Part I of the Housing Act 1988], notice of such matters as may be prescribed.

(2)If the premises are occupied by virtue of a restricted contract or let on or subject to a protected or statutory tenancy [F2or let on an assured tenancy within the meaning of Part I of the Housing Act 1988], the notice and particulars required by this section shall be in the prescribed form.

(3)In this section “prescribed” means prescribed by regulations made by the Secretary of State, which—

(a)may make different provision for different cases, and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:
Amendments (Textual)

F1Words inserted by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(1), Sch. 17 para. 67(1)

F2Words added by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(1), Sch. 17 para. 67(2)

6 Information to be supplied by companies

(1)Where the landlord of premises to which section 4(1) applies (premises occupied as a residence at a weekly rent) is a company, and the tenant serves on the landlord a request in writing to that effect, the landlord shall give the tenant in writing particulars of the name and address of every director and of the secretary of the company.

(2)A request under this section is duly served on the landlord if it is served—

(a)on an agent of the landlord named as such in the rent book or other similar document, or

(b)on the person who receives the rent of the premises;

and a person on whom a request is so served shall forward it to the landlord as soon as may be.

7 Offences

(1)If the landlord of premises to which section 4(1) applies (premises occupied as a residence at a weekly rent) fails to comply with any relevant requirement of—

  • section 4 (provision of rent book),
  • section 5 (information to be contained in rent book), or
  • section 6 (information to be supplied by companies),

he commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

(2)If a person demands or receives rent on behalf of the landlord of such premises while any relevant requirement of—

  • section 4 (provision of rent book), or
  • section 5 (information to be contained in rent book),
  • is not complied with, then, unless he shows he neither knew nor had reasonable cause to suspect that any such requirement had not been complied with, he commits a summary offence and is liable to a fine not exceeding level 4 on the standard scale.

(3)If a person fails to comply with a requirement imposed on him by section 6(2) (duty to forward request to landlord), he commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

(4)If a default in respect of which—

(a)a landlord is convicted under subsection (1), or

(b)another person is convicted of an offence under subsection (3),

continues for more than 14 days after the conviction, the landlord or other person commits a further offence under that subsection in respect of the default.

Implied terms as to fitness for human habitation

8 Implied terms as to fitness for human habitation

(1)In a contract to which this section applies for the letting of a house for human habitation there is implied, notwithstanding any stipulation to the contrary—

(a)a condition that the house is fit for human habitation at the commencement of the tenancy, and

(b)an undertaking that the house will be kept by the landlord fit for human habitation during the tenancy.

(2)The landlord, or a person authorised by him in writing, may at reasonable tinmes of the day, on giving 24 hours’ notice in writing to the tenant or occupier, enter premises to which this section applies for the purpose of viewing their state and condition.

(3)This section applies to a contract if—

(a)the rent does not exceed the figure applicable in accordance with the subsection (4), and

(b)the letting is not on such terms as to the tenant’s responsibility as are mentioned in subsection (5).

(4)The rent limit for the application of this section is shown by the following Table, by reference to the date of making of the contract and the situation of the premises:

TABLE

Date of making of contract

Rent limit

Before 31st July 1923. In London: £40.
  Elsewhere: £26 or £16 (see Note 1).
On or after 31st July 1923 and before 6th July 1957. In London: £40.
  Elsewhere: £26.
On or after 6th July 1957. In London: £80.
  Elsewhere: £52.

NOTES

1. The applicable figure for contracts made before 31st July 1923 is £26 in the case of premises situated in a borough or urban district which at the date of the contract had according to the last published census a population of 50,000 or more. In the case of a house situated elsewhere, the figure is £16.

2. The references to “London” are, in relation to contracts made before 1st April 1965, to the administrative county of London and, in relation to contracts made on or after that date, to Greater London exclusive of the outer London boroughs.

(5)This section does not apply where a house is let for a term of three years or more (the lease not being determinable at the option of either party before the expiration of three years) upon terms that the tenant puts the premises into a condition reasonably fit for human habitation.

(6)In this section “house” includes—

(a)a part of a house, and

(b)any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it.

Annotations:
Modifications etc. (not altering text)

C1S. 8 excluded by Housing Act 1985 (c. 68, SIF 61), ss. 302, 307

9 Application of s. 8 to certain houses occupied by agricultural workers

(1)Where under the contract of employment of a worker employed in agriculture the provision of a house for his occupation forms part of his remuneration and the provisions of section 8 (implied terms as to fitness for human habitation) are inapplicable by reason only of the house not being let to him—

(a)there are implied as part of the contract of employment notwithstanding any stipulation to the contrary, the like condition and undertaking as would be implied under that section if the house were so let, and

(b)the provisions of that section apply accordingly, with the substitution of “employer” for “landlord” and such other modifications as may be necessary.

(2)This section does not affect any obligation of a person other than the employer to repair a house to which this section applies, or any remedy for enforcing such an obligation.

(3)In this section “house” includes—

(a)a part of a house, and

(b)any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it.

10 Fitness for human habitation

In determining for the purposes of this Act whether a house is unfit for human habitation, regard shall be had to its condition in respect of the following matters—

  • repair,
  • stability,
  • freedom from damp,
  • internal arrangement,
  • natural lighting,
  • ventilation,
  • water supply,
  • drainage and sanitary conveniences,
  • facilities for preparation and cooking of food and for the disposal of waste water;

and the house shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition.

Repairing obligations

11 Repairing obligations in short leases

(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—

(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),

(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and

(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

[F1(1A)If a lease to which this section applies is a lease of a dwelling-house which forms part only of a building, then, subject to subsection (1B), the covenant implied by subsection (1) shall have effect as if—

(a)the reference in paragraph (a) of that subsection to the dwelling-house included a reference to any part of the building in which the lessor has an estate or interest; and

(b)any reference in paragraphs (b) and (c) of that subsection to an installation in the dwelling-house included a reference to an installation which, directly or indirectly, serves the dwelling-house and which either—

(i)forms part of any part of a building in which the lessor has an estate or interest; or

(ii)is owned by the lessor or under his control.

(1B)Nothing in subsection (1A) shall be construed as requiring the lessor to carry out any works or repairs unless the disrepair (or failure to maintain in working order) is such as to affect the lessee’s enjoyment of the dwelling-house or of any common parts, as defined in section 60(1) of the Landlord and Tenant Act M11987, which the lessee, as such, is entitled to use.]

(2)The covenant implied by subsection (1) (“the lessor’s repairing covenant”) shall not be construed as requiring the lessor—

(a)to carry out works or repairs for which the lessee is liable by virtue of his duty to use the premises in a tenant-like manner, or would be so liable but for an express covenant on his part,

(b)to rebuild or reinstate the premises in the case of destruction or damage by fire, or by tempest, flood or other inevitable accident, or

(c)to keep in repair or maintain anything which the lessee is entitled to remove from the dwelling-house.

(3)In determining the standard of repair required by the lessor’s repairing covenant, regard shall be had to the age, character and prospective life of the dwelling-house and the locality in which it is situated.

[F2(3A)In any case where—

(a)the lessor’s repairing covenant has effect as mentioned in subsection (1A), and

(b)in order to comply with the covenant the lessor needs to carry out works or repairs otherwise than in, or to an installation in, the dwelling-house, and

(c)the lessor does not have a sufficient right in the part of the building or the installation concerned to enable him to carry out the required works or repairs,

then, in any proceedings relating to a failure to comply with the lessor’s repairing covenant, so far as it requires the lessor to carry out the works or repairs in question, it shall be a defence for the lessor to prove that he used all reasonable endeavours to obtain, but was unable to obtain, such rights as would be adequate to enable him to carry out the works or repairs.]

(4)A covenant by the lessee for the repair of the premises is of no effect so far as it relates to the matters mentioned in subsection (1)(a) to (c), except so far as it imposes on the lessee any of the requirements mentioned in subsection (2)(a) or (c).

(5)The reference in subsection (4) to a convenant by the lessee for the repair of the premises includes a covenant—

(a)to put in repair or deliver up in repair,

(b)to paint, point or render,

(c)to pay money in lieu of repairs by the lessee, or

(d)to pay money on account of repairs by the lessor.

(6)In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.

Annotations:
Amendments (Textual)

F1S. 11(1A)(1B) inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 116(1)(4)

F2S. 11(3A) inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 116(2)(4)

Modifications etc. (not altering text)

C1S. 11 modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 3(1)-(6)

Marginal Citations

M11987 c.31(75:1).

12 Restriction on contracting out of s. 11

(1)A covenant or agreement, whether contained in a lease to which section 11 applies or in an agreement collateral to such a lease, is void in so far as it purports—

(a)to exclude or limit the obligations of the lessor or the immunities of the lessee under that section, or

(b)to authorise any forfeiture or impose on the lessee any penalty, disability or obligation in the event of his enforcing or relying upon those obligations or immunities,

unless the inclusion of the provision was authorised by the county court.

(2)The county court may, by order made with the consent of the parties, authorise the inclusion in a lease, or in an agreement collateral to a lease, of provisions excluding or modifying in relation to the lease, the provisions of section 11 with respect to the repairing obligations of the parties if it appears to the court that it is reasonable to do so, having regard to all the circumstances of the case, including the other terms and conditions of the lease.

Annotations:
Modifications etc. (not altering text)

C1S. 12(1)(a) modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 3(7)

13 Leases to which s. 11 applies: general rule

(1)Section 11 (repairing obligations) applies to a lease of a dwelling-house granted on or after 24th October 1961 for a term of less than seven years.

(2)In determining whether a lease is one to which section 11 applies—

(a)any part of the term which falls before the grant shall be left out of account and the lease shall be treated as a lease for a term commencing with the grant,

(b)a lease which is determinable at the option of the lessor before the expiration of seven years from the commencement of the term shall be treated as a lease for a term of less than seven years, and

(c)a lease (other than a lease to which paragraph (b) applies) shall not be treated as a lease for a term of less than seven years if it confers on the lessee an option for renewal for a term which, together with the original term, amounts to seven years or more.

(3)This section has effect subject to—

  • section 14 (leases to which section 11 applies: exceptions), and
  • section 32(2) (provisions not applying to tenancies within Part II of the M1Landlord and Tenant Act 1954).
Annotations:
Marginal Citations

M11954 c. 56.

14 Leases to which s. 11 applies: exceptions

(1)Section 11 (repairing obligations) does not apply to a new lease granted to an existing tenant, or to a former tenant still in possession, if the previous lease was not a lease to which section 11 applied (and, in the case of a lease granted before 24th October 1961, would not have been if it had been granted on or after that date).

(2)In subsection (1)—

  • “existing tenant” means a person who is when, or immediately before, the new lease is granted, the lessee under another lease of the dwelling-house;
  • “former tenant is still in possession” means a person who—

(a)was the lessee under another lease of the dwelling-house which terminated at some time before the new lease was granted, and

(b)between the termination of that other lease and the grant of the new lease was continuously in possession of the dwelling-house or of the rents and profits of the dwelling-house; and

  • “the previous lease” means the other lease referred to in the above definitions.

(3)Section 11 does not apply to a lease of a dwelling-house which is a tenancy of an agricultural holding within the meaning of the [F1Agricultural Holdings Act 1986][F2and in relation to which that Act applies or to a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995].

(4)Section 11 does not apply to a lease granted on or after 3rd October 1980 to—

  • a local authority,
  • [F3a National Park Authority]
  • a new town corporation,
  • an urban development corporation,
  • the Development Board for Rural Wales,
  • a [F4registered social landlord],
  • a co-operative housing association, or
  • an educational institution or other body specified, or of a class specified, by regulations under section 8 of the M1Rent Act 1977 [F5or paragraph 8 of Schedule 1 to the Housing Act 1988] (bodies making student lettings)
  • [F6a housing action trust established under Part III of the Housing Act 1988].

(5)Section 11 does not apply to a lease granted on or after 3rd October 1980 to—

(a)Her Majesty in right of the Crown (unless the lease is under the management of the Crown Estate Commissioners), or

(b)a government department or a person holding in trust for Her Majesty for the purposes of a government department.

Annotations:
Amendments (Textual)

F1Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 64

F2Words in s. 14(3) added (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 31 (with s. 37)

F3Words in s. 14(4) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 25(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F4Words in s. 14(4) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 16(2)

F5Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194(1), Sch. 11 para. 89

F6Words added by Housing Act 1988 (c. 50, SIF 75:1), s. 116(3)(4)

Modifications etc. (not altering text)

C1S. 14(4) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 24 (as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 4, 5, Sch. 2 para. 61)

C2S. 14(4) explained by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 4, 5, Sch. 3 para. 5(3)
S. 14(4) extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 23(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 14(4) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 10(a)

Marginal Citations

M11977 c. 42.

15 Jurisdiction of county court

The county court has jurisdiction to make a declaration that section 11 (repairing obligations) applies, or does not apply, to a lease—

(a)whatever the net annual value of the property in question, and

(b)notwithstanding that no other relief is sought than a declaration.

16 Meaning of “lease” and related expressions

In sections 11 to 15 (repairing obligations in short leases)—

(a)“lease” does not include a mortgage term;

(b)“lease of a dwelling-house” means a lease by which a building or part of a building is let wholly or mainly as a private residence and “dwelling-house” means that building or part of a building;

(c)“lessee” and “lessor” mean, respectively, the person for the time being entitled to the term of a lease and to the reversion expectant on it.

17 Specific performance of landlord’s repairing obligations

(1)In proceedings in which a tenant of a dwelling alleges a breach on the part of his landlord of a repairing covenant relating to any part of the premises in which the dwelling is comprised, the court may order specific performance of the covenant whether or not the breach relates to a part of the premises let to the tenant and notwithstanding any equitable rule restricting the scope of the remedy, whether on the basis of a lack of mutuality or otherwise.

(2)In this section—

(a)“tenant” includes a statutory tenant,

(b)in relation to a statutory tenant the reference to the premises let to him is to the premises of which he is a statutory tenant,

(c)“landlord”, in relation to a tenant, includes any person against whom the tenant has a right to enforce a repairing covenant, and

(d)“repairing covenant” means a covenant to repair, maintain, renew, construct or replace any property.

Service charges

18 Meaning of “service charge” and “relevant costs”

(1)In the following provisions of this Act “service charge” means an amount payable by a tenant of a [F1dwelling] as part of or in addition to the rent—

(a)which is payable, directly or indirectly, for services, repairs, maintenance or insurance or the landlord’s costs of management, and

(b)the whole or part of which varies or may vary according to the relevant costs.

(2)The relevant costs are the costs or estimated costs incurred or to be incurred by or on behalf of the landlord, or a superior landlord, in connection with the matters for which the service charge is payable.

(3)For this purpose—

(a)“costs” includes overheads, and

(b)costs are relevant costs in relation to a service charge whether they are incurred, or to be incurred, in the period for which the service charge is payable or in an earlier or later period.

Annotations:
Amendments (Textual)

F1Word substituted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41, Sch. 2 para. 1

Modifications etc. (not altering text)

C1S. 18 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 24 (as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61) and Housing Act 1988 (c. 50, SIF 61), s. 79(12)

C2Ss. 18-30 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 10(b)
Ss. 18-30 modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 23(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

C3S. 18(1)(a): power to amend conferred (prosp.) by 2002 c. 15, ss. 150, 181, Sch. 9 para. 13(a)

19 Limitation of service charges: reasonableness

(1)Relevant costs shall be taken into account in determining the amount of a service charge payable for a period—

(a)only to the extent that they are reasonably incurred, and

(b)where they are incurred on the provision of services or the carrying out of works, only if the services or works are of a reasonable standard;

and the amount payable shall be limited accordingly.

(2)Where a service charge is payable before the relevant costs are incurred, no greater amount than is reasonable is so payable, and after the relevant costs have been incurred any necessary adjustment shall be made by repayment, reduction or subsequent charges or otherwise.

[F1(2A)A tenant by whom, or a landlord to whom, a service charge is alleged to be payable may apply to a leasehold valuation tribunal for a determination—

(a)whether costs incurred for services, repairs, maintenance, insurance or management were reasonably incurred,

(b)whether services or works for which costs were incurred are of a reasonable standard, or

(c)whether an amount payable before costs are incurred is reasonable.

(2B)An application may also be made to a leasehold valuation tribunal by a tenant by whom, or landlord to whom, a service charge may be payable for a determination—

(a)whether if costs were incurred for services, repairs, maintenance, insurance or management of any specified description they would be reasonable,

(b)whether services provided or works carried out to a particular specification would be of a reasonable standard, or

(c)what amount payable before costs are incurred would be reasonable.

(2C)No application under subsection (2A) or (2B) may be made in respect of a matter which—

(a)has been agreed or admitted by the tenant,

(b)under an arbitration agreement to which the tenant is a party is to be referred to arbitration, or

(c)has been the subject of determination by a court or arbitral tribunal.]

(3)An agreement by the tenant of a [F2dwelling] (other than an arbitration agreement F3. . .) is void in so far as it purports to provide for a determination in a particular manner, or on particular evidence, of any question—

(a)whether costs incurred for services, repairs, maintenance, insurance or management were reasonably incurred,

(b)whether services or works for which costs were incurred are of a reasonable standard, or

(c)whether an amount payable before costs are incurred is reasonable.

F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(5)If a person takes any proceedings in the High Court in pursuance of any of the provisions of this Act relating to service charges and he could have taken those proceedings in the county court, he shall not be entitled to recover any costs.]

Annotations:
Amendments (Textual)

F1S. 19(2A)-(2C) inserted (1.9.1997) by 1996 c. 52, s. 83(1); S.I. 1997/1851, art.2 (with Sch. para. 1)

F2Word substituted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41, Sch. 2 para. 2(a)

F3Words in s. 19(3) repealed (1.9.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. III; S.I. 1997/1851, art. 2 (with Sch. para. 1)

F4S. 19(4) repealed (1.9.1997) by 1996 c. 52, s. 227, Sch. 19 Pt. III; S.I. 1997/1851, art. 2 (with Sch. para. 1)

F5S. 19(5) added by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41, Sch. 2 para. 2(b), but is repealed (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 124(3), 125(7), Sch. 20

Modifications etc. (not altering text)

C1S. 19 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 24 (as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61) and Housing Act 1988 (c. 50, SIF 61), s. 79(12)

C2Ss. 18-30 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 10(b)
Ss. 18-30 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 23(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
Ss. 18-30 modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

C3S. 19(1)(2) excluded by S.I. 1988/1283, art. 2, Sch. para. 2(a)

C4S. 19(3) excluded by S.I. 1988/1283, art. 2, Sch. para. 2(b)

C5S. 19(5) excluded by S.I. 1988/1283, art. 2, Sch. para. 5

[F1F120 Limitation of service charges: consultation requirements

(1)Where this section applies to any qualifying works or qualifying long term agreement, the relevant contributions of tenants are limited in accordance with subsection (6) or (7) (or both) unless the consultation requirements have been either—

(a)complied with in relation to the works or agreement, or

(b)dispensed with in relation to the works or agreement by (or on appeal from) a leasehold valuation tribunal.

(2)In this section “relevant contribution”, in relation to a tenant and any works or agreement, is the amount which he may be required under the terms of his lease to contribute (by the payment of service charges) to relevant costs incurred on carrying out the works or under the agreement.

(3)This section applies to qualifying works if relevant costs incurred on carrying out the works exceed an appropriate amount.

(4)The Secretary of State may by regulations provide that this section applies to a qualifying long term agreement—

(a)if relevant costs incurred under the agreement exceed an appropriate amount, or

(b)if relevant costs incurred under the agreement during a period prescribed by the regulations exceed an appropriate amount.

(5)An appropriate amount is an amount set by regulations made by the Secretary of State; and the regulations may make provision for either or both of the following to be an appropriate amount—

(a)an amount prescribed by, or determined in accordance with, the regulations, and

(b)an amount which results in the relevant contribution of any one or more tenants being an amount prescribed by, or determined in accordance with, the regulations.

(6)Where an appropriate amount is set by virtue of paragraph (a) of subsection (5), the amount of the relevant costs incurred on carrying out the works or under the agreement which may be taken into account in determining the relevant contributions of tenants is limited to the appropriate amount.

(7)Where an appropriate amount is set by virtue of paragraph (b) of that subsection, the amount of the relevant contribution of the tenant, or each of the tenants, whose relevant contribution would otherwise exceed the amount prescribed by, or determined in accordance with, the regulations is limited to the amount so prescribed or determined.

Annotations:
Amendments (Textual)

F1Ss. 20, 20ZA substituted (26.7.2002 (E.) for certain purposes and 1.1.2003 (W.) for certain purposes and otherwiseprosp.) for s. 20 by 2002 c. 15, s. 151; S.I. 2002/1912, art. 2(c); 2002/3012, art. 2(c)

Modifications etc. (not altering text)

C1Ss. 18-30 modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

F120ZA Consultation requirements: supplementary

(1)Where an application is made to a leasehold valuation tribunal for a determination to dispense with all or any of the consultation requirements in relation to any qualifying works or qualifying long term agreement, the tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements.

(2)In section 20 and this section—

  • “qualifying works” means works on a building or any other premises, and
  • “qualifying long term agreement” means (subject to subsection (3)) an agreement entered into, by or on behalf of the landlord or a superior landlord, for a term of more than twelve months.

(3)The Secretary of State may by regulations provide that an agreement is not a qualifying long term agreement—

(a)if it is an agreement of a description prescribed by the regulations, or

(b)in any circumstances so prescribed.

(4)In section 20 and this section “the consultation requirements” means requirements prescribed by regulations made by the Secretary of State.

(5)Regulations under subsection (4) may in particular include provision requiring the landlord—

(a)to provide details of proposed works or agreements to tenants or the recognised tenants’ association representing them,

(b)to obtain estimates for proposed works or agreements,

(c)to invite tenants or the recognised tenants’ association to propose the names of persons from whom the landlord should try to obtain other estimates,

(d)to have regard to observations made by tenants or the recognised tenants’ association in relation to proposed works or agreements and estimates, and

(e)to give reasons in prescribed circumstances for carrying out works or entering into agreements.

(6)Regulations under section 20 or this section—

(a)may make provision generally or only in relation to specific cases, and

(b)may make different provision for different purposes.

(7)Regulations under section 20 or this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Annotations:
Amendments (Textual)

F1Ss. 20, 20ZA substituted (26.7.2002 (E.) for certain purposes and 1.1.2003 (E.) for certain purposes and otherwiseprosp.) for s. 20 by 2002 c. 15, s. 151; S.I. 2002/1912, art. 2(c); S.I. 2002/3012, art. 2(c)

Modifications etc. (not altering text)

C1Ss. 18-30 modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

[F120A Limitation of service charges: grant-aided works

Where relevant costs are incurred or to be incurred on the carrying out of works in respect of which a grant has been or is to be paid under [F2section 523 of the Housing Act 1985 (assistance for provision of separate service pipe for water supply) or any provision of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants, &c. for renewal of private sector housing) or any corresponding earlier enactment][F3or article 3 of the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (power of local housing authorieses to provide assistance)], the amount of the grant shall be deducted from the costs and the amount of the service charge payable shall be reduced accordingly.

[F4(2)In any case where—

(a)relevant costs are incurred or to be incurred on the carrying out of works which are included in the external works specified in a group repair scheme, within the meaning of [F5Part I of the Housing Grants, Construction and Regeneration Act 1996], and

(b)the landlord participated or is participating in that scheme as an assisted participant,

the amount which, in relation to the landlord, is [F6the balance of the cost determined in accordance with section 69(3) of the Housing Grants, Construction and Regeneration Act 1996] shall be deducted from the costs, and the amount of the service charge payable shall be reduced accordingly.]]

Annotations:
Amendments (Textual)

F1S. 20A inserted by Housing and Planning Act 1986 (c. 63, SIF 75:1), s. 24(1), Sch. 5 para. 9(1)

F2Words in s. 20A(1) substituted (17.12.1996) by 1996 c. 53, s. 103, Sch. 1 para. 11(1); S.I. 1996/2842, art. 3

F3Words in s. 20A(1) inserted (19.7.2002) by S.I. 2002/1860, arts. 1(2)(b), 9, Sch. 1 para. 2

F4S. 20A(2) added by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 90

F5Words in s. 20A(2)(a) substituted (17.12.1996) by 1996 c. 53, s. 103, Sch. 1 para. 11(2)(a); S.I. 1996/2842, art. 3

F6Words in s. 20A(2) substituted (17.12.1996) by 1996 c. 53, Sch. 1 para. 11(2)(b); S.I. 1996/2842, art. 3

Modifications etc. (not altering text)

C1Ss. 18-30 modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

C2S. 20A amended by Housing Act 1988 (c. 50, SIF 61), s. 79(12)

C3Ss. 18-30 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 10(b)
Ss. 18-30 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 23(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

[F120B Limitation of service charges: time limit on making demands

(1)If any of the relevant costs taken into account in determining the amount of any service charge were incurred more than 18 months before a demand for payment of the service charge is served on the tenant, then (subject to subsection (2) ), the tenant shall not be liable to pay so much of the service charge as reflects the costs so incurred.

(2)Subsection (1) shall not apply if, within the period of 18 months beginning with the date when the relevant costs in question were incurred, the tenant was notified in writing that those costs had been incurred and that he would subsequently be required under the terms of his lease to contribute to them by the payment of a service charge.

Annotations:
Amendments (Textual)

F1Ss. 20B, 20C inserted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41, Sch. 2 para. 4

Modifications etc. (not altering text)

C1S. 20B amended by Housing Act 1988 (c. 50, SIF 61), s. 79(12)

C2Ss. 18-30 modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

C3Ss. 18-30 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 10(b)
Ss. 18-30 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 23(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

C4S. 20B(2) modified by S.I. 1988/1283, art. 2, Sch. para. 6

[F120C Limitation of service charges: costs of proceedings

(1)A tenant may make an application for an order that all or any of the costs incurred, or to be incurred, by the landlord in connection with proceedings before a court or leasehold valuation tribunal, or the Lands Tribunal, or in connection with arbitration proceedings, are not to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by the tenant or any other person or persons specified in the application.

(2)The application shall be made—

(a)in the case of court proceedings, to the court before which the proceedings are taking place or, if the application is made after the proceedings are concluded, to a county court;

(b)in the case of proceedings before a leasehold valuation tribunal, to the tribunal before which the proceedings are taking place or, if the application is made after the proceedings are concluded, to any leasehold valuation tribunal;

(c)in the case of proceedings before the Lands Tribunal, to the tribunal;

(d)in the case of arbitration proceedings, to the arbitral tribunal or, if the application is made after the proceedings are concluded, to a county court.

(3)The court or tribunal to which the application is made may make such order on the application as it considers just and equitable in the circumstances.]]

Annotations:
Amendments (Textual)

F1S. 20C substituted (1.9.1997 subject to saving in Sch. para. 1 of S.I. 1997/1851 and otherwise 11.8.1998 subject to art. 3 of S.I. 1998/1768) by 1996 c. 52, s. 83(4); S.I. 1997/1851, art. 2; S.I. 1998/1768, art. 2

Modifications etc. (not altering text)

C1Ss. 18-30 modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

[ F121 Regular statements of account

(1)The landlord must supply to each tenant by whom service charges are payable, in relation to each accounting period, a written statement of account dealing with—

(a)service charges of the tenant and the tenants of dwellings associated with his dwelling,

(b)relevant costs relating to those service charges,

(c)the aggregate amount standing to the credit of the tenant and the tenants of those dwellings—

(i)at the beginning of the accounting period, and

(ii)at the end of the accounting period, and

(d)related matters.

(2)The statement of account in relation to an accounting period must be supplied to each such tenant not later than six months after the end of the accounting period.

(3)Where the landlord supplies a statement of account to a tenant he must also supply to him—

(a)a certificate of a qualified accountant that, in the accountant’s opinion, the statement of account deals fairly with the matters with which it is required to deal and is sufficiently supported by accounts, receipts and other documents which have been produced to him, and

(b)a summary of the rights and obligations of tenants of dwellings in relation to service charges.

(4)The Secretary of State may make regulations prescribing requirements as to the form and content of—

(a)statements of account,

(b)accountants’ certificates, and

(c)summaries of rights and obligations,

required to be supplied under this section.

(5)The Secretary of State may make regulations prescribing exceptions from the requirement to supply an accountant’s certificate.

(6)If the landlord has been notified by a tenant of an address in England and Wales at which he wishes to have supplied to him documents required to be so supplied under this section, the landlord must supply them to him at that address.

(7)And the landlord is to be taken to have been so notified if notification has been given to—

(a)an agent of the landlord named as such in the rent book or similar document, or

(b)the person who receives the rent on behalf of the landlord;

and where notification is given to such an agent or person he must forward it as soon as may be to the landlord.

(8)For the purposes of this section a dwelling is associated with another dwelling if the obligations of the tenants of the dwellings under the terms of their leases as regards contributing to relevant costs relate to the same costs.

(9)In this section “accounting period” means such period—

(a)beginning with the relevant date, and

(b)ending with such date, not later than twelve months after the relevant date,

as the landlord determines.

(10)In the case of the first accounting period in relation to any dwellings, the relevant date is the later of—

(a)the date on which service charges are first payable under a lease of any of them, and

(b)the date on which section 152 of the Commonhold and Leasehold Reform Act 2002 comes into force,

and, in the case of subsequent accounting periods, it is the date immediately following the end of the previous accounting period.

(11)Regulations under subsection (4) may make different provision for different purposes.

(12)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:
Amendments (Textual)

F1Ss. 21, 21A substituted (26.7.2002 (E.) for certain purposes and 1.1.2003 (W.) for certain purposes and otherwiseprosp.) for s. 21 by 2002 c. 15, s. 152; S.I. 2002/1912, art 2(c); S.I. 2002/3012, art. 2(c)

Modifications etc. (not altering text)

C1Ss. 18-30 modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

F121A Withholding of service charges

(1)A tenant may withhold payment of a service charge if—

(a)the landlord has not supplied a document to him by the time by which he is required to supply it under section 21, or

(b)the form or content of a document which the landlord has supplied to him under that section (at any time) does not conform exactly or substantially with the requirements prescribed by regulations under subsection (4) of that section.

(2)The maximum amount which the tenant may withhold is an amount equal to the aggregate of—

(a)the service charges paid by him in the accounting period to which the document concerned would or does relate, and

(b)so much of the aggregate amount required to be dealt with in the statement of account for that accounting period by section 21(1)(c)(i) as stood to his credit.

(3)An amount may not be withheld under this section—

(a)in a case within paragraph (a) of subsection (1), after the document concerned has been supplied to the tenant by the landlord, or

(b)in a case within paragraph (b) of that subsection, after a document conforming exactly or substantially with the requirements prescribed by regulations under section 21(4) has been supplied to the tenant by the landlord by way of replacement of the one previously supplied.

(4)If, on an application made by the landlord to a leasehold valuation tribunal, the tribunal determines that the landlord has a reasonable excuse for a failure giving rise to the right of a tenant to withhold an amount under this section, the tenant may not withhold the amount after the determination is made.

(5)Where a tenant withholds a service charge under this section, any provisions of the tenancy relating to non-payment or late payment of service charges do not have effect in relation to the period for which he so withholds it.]

Annotations:
Amendments (Textual)

F1Ss. 21, 21A substituted (26.7.2002 (E.) for certain purposes and 1.1.2003 (W.) for certain purposes and otherwiseprosp.) for s. 21 by 2002 c. 15, s. 152; S.I. 2002/1912, art. 2(c); S.I. 2002/3012, art. 2(c)

Modifications etc. (not altering text)

C1Ss. 18-30 modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30B extended to Crown land (prosp.) by 2002 c. 15, ss. 172, 181(1)

[F121B Notice to accompany demands for service charges

(1)A demand for the payment of a service charge must be accompanied by a summary of the rights and obligations of tenants of dwellings in relation to service charges.

(2)The Secretary of State may make regulations prescribing requirements as to the form and content of such summaries of rights and obligations.

(3)A tenant may withhold payment of a service charge which has been demanded from him if subsection (1) is not complied with in relation to the demand.

(4)Where a tenant withholds a service charge under this section, any provisions of the lease relating to non-payment or late payment of service charges do not have effect in relation to the period for which he so withholds it.

(5)Regulations under subsection (2) may make different provision for different purposes.

(6)Regulations under subsection (2) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Annotations:
Amendments (Textual)

F1S. 21B inserted (26.7.2002 (E.) for certain purposes and 1.1.2003 (W.) for certain purposes) by 2002 c. 15, s. 153; S.I. 2002/1912, art. 2(c); S.I. 2002/3012, art. 2(c)

Modifications etc. (not altering text)

C1Ss. 18-30 modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

22 Request to inspect supporting accounts &c

(1)This section applies where a tenant, or the secretary of a recognised tenants’ association, has obtained such a summary as is referred to in section 21(1) (summary of relevant costs), whether in pursuance of that section or otherwise.

(2)The tenant, or the secretary with the consent of the tenant, may within six months of obtaining the summary require the landlord in writing to afford him reasonable facilities—

(a)for inspecting the accounts, receipts and other documents supporting the summary, and

(b)for taking copies or extracts from them.

(3)A request under this section is duly served on the landlord if it is served on—

(a)an agent of the landlord named as such in the rent book or similar document, or

(b)the person who receives the rent of behalf of the landlord;

and a person on whom a request is so served shall forward it as soon as may be to the landlord.

(4)The landlord shall make such facilities available to the tenant or secretary for a period of two months beginning not later than one month after the request is made.

[F1(5)The landlord shall—

(a)where such facilities are for the inspection of any documents, make them so available free of charge;

(b)where such facilities are for the taking of copies or extracts, be entitled to make them so available on payment of such reasonable charge as he may determine.

(6)The requirement imposed on the landlord by subsection (5)(a) to make any facilities available to a person free of charge shall not be construed as precluding the landlord from treating as part of his costs of management any costs incurred by him in connection with making those facilities so available.]

Annotations:
Amendments (Textual)

F1S. 22(5)(6) added by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41, Sch. 2 para. 6

Modifications etc. (not altering text)

C1S. 22 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 24 (as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61) and Housing Act 1988 (c. 50, SIF 61), s. 79(12)

C2S. 22 excluded by S.I. 1988/1283, art. 2, Sch. para. 2(d)

C3Ss. 18-30 modifed (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4

C4Ss. 18-30 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 10(b)
Ss. 18-30 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 23(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
Ss. 18-30B extended to Crown land (prosp.) by 2002 c. 15, ss. 172, 181(1)

23 Request relating to information held by superior landlord

(1)If a request under section 21 (request for summary of relevant costs) relates in whole or in part to relevant costs incurred by or on behalf of a superior landlord, and the landlord to whom the request is made is not in possession of the relevant information—

(a)he shall in turn make a written request for the relevant information to the person who is his landlord (and so on, if that person is not himself the superior landlord),

(b)the superior landlord shall comply with that request within a reasonable time, and

(c)the immediate landlord shall then comply with the tenant’s or secretary’s request, or that part of it which relates to the relevant costs incurred by or on behalf of the superior landlord, within the time allowed by section 21 or such further time, if any, as is reasonable in the circumstances.

(2)If a request under section 22 (request for facilities to inspect supporting accounts, &c.) relates to a summary of costs incurred by or on behalf of a superior landlord—

(a)the landlord to whom the request is made shall forthwith inform the tenant or secretary of that fact and of the name and address of the superior landlord, and

(b)section 22 shall then apply to the superior landlord as it applies to the immediate landlord.

Annotations:
Modifications etc. (not altering text)

C1S. 23 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 24 (as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61) and Housing Act 1988 (c. 50, SIF 61), s. 79(12)

C2S. 23 excluded by S.I. 1988/1283, art. 2, Sch. para. 2(d)

C3Ss. 18-30 modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

C4Ss. 18-30 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 10(b)
Ss. 18-30 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 23(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

[F123A Effect of change of landlord

(1)This section applies where, at a time when a duty imposed on the landlord or a superior landlord by or by virtue of any of sections 21 to 23 remains to be discharged by him, he disposes of the whole or part of his interest as landlord or superior landlord to another person.

(2)If the landlord or superior landlord is, despite the disposal, still in a position to discharge the duty to any extent, he remains responsible for discharging it to that extent.

(3)If the other person is in a position to discharge the duty to any extent, he is responsible for discharging it to that extent.

(4)Where the other person is responsible for discharging the duty to any extent (whether or not the landlord or superior landlord is also responsible for discharging it to that or any other extent)—

(a)references to the landlord or superior landlord in sections 21 to 23 are to, or include, the other person so far as is appropriate to reflect his responsibility for discharging the duty to that extent, but

(b)in connection with its discharge by the other person, section 22(6) applies as if the reference to the day on which the landlord receives the notice were to the date of the disposal referred to in subsection (1).]

Annotations:
Amendments (Textual)

F1S. 23A inserted (prosp.) by 2002 c. 15, ss. 157, 181(1), Sch. 10 para. 2

Modifications etc. (not altering text)

C1Ss. 18-30 modifed (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

24 Effect of assignment on request

The assignment of a tenancy does not affect the validity of a request made under section 21, 22 or 23 before the assignment; but a person is not obliged to provide a summary or make facilities available more than once for the same [F1dwelling] and for the same period.

Annotations:
Amendments (Textual)

F1Word substituted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41, Sch. 2 para. 7

Modifications etc. (not altering text)

C1S. 24 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 24 (as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61) and Housing Act 1988 (c. 50, SIF 61), s. 79(12)

C2Ss. 18-30 modifed (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

C3Ss. 18-30 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 10(b)
Ss. 18-30 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 23(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

25 Failure to comply with s. 21, 22 or 23 an offence

(1)It is a summary offence for a person to fail, without reasonable excuse, to perform a duty imposed on him by section 21, 22 or 23.

(2)A person committing such an offence is liable on conviction to a fine not exceeding level 4 on the standard scale.

Annotations:
Modifications etc. (not altering text)

C1S. 25 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 24 (as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61) and Housing Act 1988 (c. 50, SIF 61), s. 79(12)

C2Ss. 18-30 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 10(b)
Ss. 18-30 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 23(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
Ss. 18-30 modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

26 Exception: tenants of certain public authorities

(1)Sections 18 to 25 (limitation on service charges and requests for information about costs) do not apply to a service charge payable by a tenant of—

  • a local authority,
  • [F1a National Park authority [F2, or]]
  • a new town corporation, F3. . .
  • F3. . .

unless the tenancy is a long tenancy, in which case sections 18 to 24 apply but section 25 (offence of failure to comply) does not.

(2)The following are long tenancies for the purposes of subsection (1), subject to subsection (3)—

(a)a tenancy granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture;

(b)a tenancy for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a tenancy by sub-demise from one which is not a long tenancy;

(c)any tenancy granted in pursuance of Part V of the M1Housing Act 1985 (the right to buy) [F4 , including any tenancy granted in pursuance of that Part as it had effect by virtue of section 17 of the Housing Act 1996 (the right to acquire).]

(3)A tenancy granted so as to become terminable by notice after a death is not a long tenancy for the purposes of subsection (1), unless—

(a)it is granted by a housing association which at the time of the grant is [F5a registered social landlord],

(b)it is granted at a premium calculated by reference to a percentage of the value of the dwelling-house or the cost of providing it, and

(c)at the time it is granted it complies with the requirements of the regulations then in force under section 140(4)(b) of the M2Housing Act 1980 [F6or paragraph 4(2)(b) of Schedule 4A to the Leasehold Reform Act 1967] (conditions for exclusion of shared ownership leases from Part I of Leasehold Reform Act 1967) or, in the case of a tenancy granted before any such regulations were brought into force, with the first such regulations to be in force.

Annotations:
Amendments (Textual)

F1Words in s. 26(1) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 25(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F2Words in s. 26(1) inserted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 12 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4

F3Words in s. 26(1) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 4

F4Words in s. 26(2)(c) added (1.4.1997) by S.I. 1997/627, art. 2, Sch. para. 4

F5Words in s. 26(3)(a) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 16(3)

F6Words inserted by Housing Act 1988 (c. 50, SIF 61, 75:1), s. 140(1), Sch. 17 para. 68

Modifications etc. (not altering text)

C1S. 26 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 24 (as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61) and Housing Act 1988 (c. 50, SIF 61), s. 79(12)

C2Ss. 18-30 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 10(b)
Ss. 18-30 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 23(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
Ss. 18-30 modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

Marginal Citations

M11985 c. 68.

M21980 c. 51.

27 Exception: rent registered and not entered as variable

Sections 18 to 25 (limitation on service charges and requests for information about costs) do no apply to a service charge payable by the tenant of a [F1dwelling] the rent of which is registered under Part IV of the M1Rent Act 1977, unless the amount registered is, in pursuance of section 71(4) of that Act, entered as a variable amount.

Annotations:
Amendments (Textual)

F1Word substituted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41, Sch. 2 para. 8

Modifications etc. (not altering text)

C1S. 27 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 24 (as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61) and Housing Act 1988 (c. 50, SIF 61), s. 79(12)

C2Ss. 18-30 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 10(b)
Ss. 18-30 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 23(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
Ss. 18-30 modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

Marginal Citations

M11977 c. 42.

[F127A Liability to pay service charges: jurisdiction

(1)An application may be made to a leasehold valuation tribunal for a determination whether a service charge is payable and, if it is, as to—

(a)the person by whom it is payable,

(b)the person to whom it is payable,

(c)the amount which is payable,

(d)the date at or by which it is payable, and

(e)the manner in which it is payable.

(2)Subsection (1) applies whether or not any payment has been made.

(3)An application may also be made to a leasehold valuation tribunal for a determination whether, if costs were incurred for services, repairs, maintenance, improvements, insurance or management of any specified description, a service charge would be payable for the costs and, if it would, as to—

(a)the person by whom it would be payable,

(b)the person to whom it would be payable,

(c)the amount which would be payable,

(d)the date at or by which it would be payable, and

(e)the manner in which it would be payable.

(4)No application under subsection (1) or (3) may be made in respect of a matter which—

(a)has been agreed or admitted by the tenant,

(b)has been, or is to be, referred to arbitration pursuant to a post-dispute arbitration agreement to which the tenant is a party,

(c)has been the subject of determination by a court, or

(d)has been the subject of determination by an arbitral tribunal pursuant to a post-dispute arbitration agreement.

(5)But the tenant is not to be taken to have agreed or admitted any matter by reason only of having made any payment.

(6)An agreement by the tenant of a dwelling (other than a post-dispute arbitration agreement) is void in so far as it purports to provide for a determination—

(a)in a particular manner, or

(b)on particular evidence,

of any question which may be the subject of an application under subsection (1) or (3).

(7)The jurisdiction conferred on a leasehold valuation tribunal in respect of any matter by virtue of this section is in addition to any jurisdiction of a court in respect of the matter.]

Annotations:
Amendments (Textual)

F1S. 27A inserted (prosp.) by 2002 c. 15, ss. 151, 181(1)

Modifications etc. (not altering text)

C1Ss. 18-30B extended to Crown land (prosp.) by 2002 c. 15, ss. 172, 181(1)

C2S. 27A(3): power to amend conferred (prosp.) by 2002 c. 15, ss. 150, 181(1), Sch. 9 para. 13(b)

28 Meaning 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.

[ F1(2)A person has the necessary qualification if he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.]

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The following are disqualified from acting—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an officer [F4, employee or partner] 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.

[F5(d)an agent of the landlord who is a managing agent for any premises to which any of the costs covered by the summary in question relate;

(e)an employee or partner of any such agent.]

(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.

[F6(5A)For the purposes of subsection (4)(d) a person is a managing agent for any premises to which any costs relate if he has been appointed to discharge any of the landlord’s obligations relating to the management by him of the premises and owed to the tenants who may be required under the terms of their leases to contribute to those costs by the payment of service charges.]

(6)Where the landlord is a local authority [F7National Park Authority][F8or a new town corporation]—

(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.

Annotations:
Amendments (Textual)

F1S. 28(2) substituted (1.10.1991) by S.I. 1991/1997, Sch. para. 60(a) (with reg. 4)

F2S. 28(3) repealed (1.10.1991) by S.I. 1991/1997, Sch. para. 60(b) (with reg. 4)

F3S. 28(4)(a) repealed (1.10.1991) by S.I. 1991/1997, Sch. para. 60(c) (with reg. 4)

F4Words substituted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41, Sch. 2 para. 9(2)(a)

F5S. 28(4)(d)(e) added by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41, Sch. 2 para. 9(2)(b)

F6S. 28(5A) inserted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41, Sch. 2 para. 9(3)

F7Words in s. 28(6) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 25(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F8Words in s. 28(6) substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 13 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4

Modifications etc. (not altering text)

C1S. 28 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 24 (as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61) and Housing Act 1988 (c. 50, SIF 61), s. 79(12)

C2Ss. 18-30 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 10(b)
Ss. 18-30 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 23(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
Ss. 18-30 modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

C3S. 28(1) applied (1.11.1993) by 1993 c. 28, s. 78(4)(a); S.I. 1993/2134, art. 5

29 Meaning of “recognised tenants’ association”

(1)A recognised tenants’ association is an association of [F1qualifying tenants (whether with or without other tenants)] which is recognised for purposes of the provisions of this Act relating to service charges either—

(a)by notice in writing given by the landlord to the secretary of the association, or

(b)by a certificate of a member of the local rent assessment committee panel.

(2)A notice given under subsection (1)(a) may be withdrawn by the landlord by notice in writing given to the secretary of the association not less than six months before the date on which it is to be withdrawn.

(3)A certificate given under subsection (1)(b) may be cancelled by any member of the local rent assessment committee panel.

(4)In this section the “local rent assessment committee panel” means the persons appointed by the Lord Chancellor under the M1Rent Act 1977 to the panel of persons to act as members of a rent assessment committee for the registration area in which [F2the dwellings let to the qualifying tenants are situated, and for the purposes of this section a number of tenants are qualifying tenants if each of them may be required under the terms of his lease to contribute to the same costs by the payment of a service charge.].

[F3(5)The Secretary of State may by regulations specify—

(a)the procedure which is to be followed in connection with an application for, or for the cancellation of, a certificate under subsection (1)(b);

(b)the matters to which regard is to be had in giving or cancelling such a certificate;

(c)the duration of such a certificate; and

(d)any circumstances in which a certificate is not to be given under subsection (1)(b).]

(6)Regulations under subsection (5)—

(a)may make different provisions with respect to different cases or descriptions of case, including different provision for different areas, and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:
Amendments (Textual)

F1Words substituted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41, Sch. 2 para. 10(2)

F2Words substituted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41, Sch. 2 para. 10(3)

F3S. 29(5) substituted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41, Sch. 2 para. 10(4)

Modifications etc. (not altering text)

C1S. 29 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 24 (as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61) and Housing Act 1988 (c. 50, SIF 61), s. 79(12)

C2Ss. 18-30 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 10(b)
Ss. 18-30 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 23(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
Ss. 18-30 modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

Marginal Citations

M11977 c. 42.

30 Meaning of “flat”, “landlord” and “tenant”

In the provisions of this Act relating to service charges—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
  • “landlord” includes any person who has a right to enforce payment of a service charge;
  • “tenant” includes

(a)a statutory tenant, and

(b)where the [F2dwelling] or part of it is sub-let, the sub-tenant.

Annotations:
Amendments (Textual)

F1Definition of “flat” repealed by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), ss. 41, 61(2), Sch. 2 para. 11(a), Sch. 5

F2Word substituted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41, Sch. 2 para. 11(b)

Modifications etc. (not altering text)

C1S. 30 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 24 (as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61) and Housing Act 1988 (c. 50, SIF 61), s. 79(12)

C2Ss. 18-30 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 10(b)
Ss. 18-30 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 23(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
Ss. 18-30 modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

[F1 Insurance

Annotations:
Amendments (Textual)

F1S. 30A inserted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 43(1)

30A Rights of tenants with respect to insurance

The Schedule to this Act (which confers on tenants certain rights with respect to the insurance of their dwellings) shall have effect.]

Annotations:
Modifications etc. (not altering text)

C1S. 30A modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 5
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

[F1 Managing agents

Annotations:
Amendments (Textual)

F1S. 30B inserted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 44

30B Recognised tenants’ associations to be consulted about managing agents

(1)A recognised tenants’ association may at any time serve a notice on the landlord requesting him to consult the association in accordance with this section on matters relating to the appointment or employment by him of a managing agent for any relevant premises.

(2)Where, at the time when any such notice is served by a recognised tenants’ association, the landlord does not employ any managing agent for any relevant premises, the landlord shall, before appointing such a managing agent, serve on the association a notice specifying—

(a)the name of the proposed managing agent;

(b)the landlord’s obligations to the tenants represented by the association which it is proposed that the managing agent should be required to discharge on his behalf; and

(c)a period of not less than one month beginning with the date of service of the notice within which the association may make observations on the proposed appointment.

(3)Where, at the time when a notice is served under subsection (1) by a recognised tenants’ association, the landlord employs a managing agent for any relevant premises, the landlord shall, within the period of one month beginning with the date of service of that notice, serve on the association a notice specifying—

(a)the landlord’s obligations to the tenants represented by the association which the managing agent is required to discharge on his behalf; and

(b)a reasonable period within which the association may make observations on the manner in which the managing agent has been discharging those obligations, and on the desirability of his continuing to discharge them.

(4)Subject to subsection (5), a landlord who has been served with a notice by an association under subsection (1) shall, so long as he employs a managing agent for any relevant premises—

(a)serve on that association at least once in every five years a notice specifying—

(i)any change occurring since the date of the last notice served by him on the association under this section in the obligations which the managing agent has been required to discharge on his behalf; and

(ii)a reasonable period within which the association may make observations on the manner in which the managing agent has discharged those obligations since that date, and on the desirability of his continuing to discharge them;

(b)serve on that association, whenever he proposes to appoint any new managing agent for any relevant premises, a notice specifying the matters mentioned in paragraphs (a) to (c) of subsection (2).

(5)A landlord shall not, by virtue of a notice served by an association under subsection (1), be required to serve on the association a notice under subsection (4)(a) or (b) if the association subsequently serves on the landlord a notice withdrawing its request under subsection (1) to be consulted by him.

(6)Where—

(a)a recognised tenants’ association has served a notice under subsection (1) with respect to any relevant premises, and

(b)the interest of the landlord in those premises becomes vested in a new landlord,

that notice shall cease to have effect with respect to those premises (without prejudice to the service by the association on the new landlord of a fresh notice under that subsection with respect to those premises).

(7)Any notice served by a landlord under this section shall specify the name and the address in the United Kingdom of the person to whom any observations made in pursuance of the notice are to be sent; and the landlord shall have regard to any such observations that are received by that person within the period specified in the notice.

(8)In this section—

  • “landlord”, in relation to a recognised tenants’ association, means the immediate landlord of the tenants represented by the association or a person who has a right to enforce payment of service charges payable by any of those tenants;
  • “managing agent”, in relation to any relevant premises, means an agent of the landlord appointed to discharge any of the landlord’s obligations to the tenants represented by the recognised tenants’ association in question which relate to the management by him of those premises; and
  • “tenant” includes a statutory tenant;

and for the purposes of this section any premises (whether a building or not) are relevant premises in relation to a recognised tenants’ association if any of the tenants represented by the association may be required under the terms of their leases to contribute by the payment of service charges to costs relating to those premises.]

Annotations:
Modifications etc. (not altering text)

C1S. 30B modified (prosp.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 6
Ss. 18-30B extended to Crown Land (prosp.) by 2002 c. 15, ss. 172, 181(1)

Miscellaneous

31 Reserve power to limit rents

(1)The Secretary of State may by order provide for—

(a)restricting or preventing increases of rent for dwellings which would otherwise take place, or

(b)restricting the amount of rent which would otherwise be payable on new lettings of dwellings;

and may provide either generally or in relation to any specified description of dwelling.

(2)An order may contain supplementary or incidental provisions, including provisions excluding, adapting or modifying any provision made by or under an enactment (whenever passed) relating to rent or the recovery of overpaid rent.

(3)In this section—

  • “new letting” includes any grant of a tenancy, whether or not the premises were previously let, and any grant of a licence;
  • “rent” includes a sum payable under a licence, but does not include a sum attributable to rates or [F1council tax or], in the case of dwellings of local authorities [F2National Park authority] or new town corporations, to the use of furniture, or the provision of services;

and for the purposes of this section an increase in rent takes place at the beginning of the rental period for which the increased rent is payable.

(4)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:
Amendments (Textual)

F1Words in the definition of "rent" in s. 31(3) inserted (1.4.1993) by S.I. 1993/651, art. 2(1), Sch. 1 para. 16

F2Words in s. 31(3) inserted (23.11.1995) by 1995 c. 25, ss. 78, Sch. 10 para. 25(3) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

Supplementary provisions

[F131A Jurisdiction of leasehold valuation tribunal

(1)The jurisdiction conferred by this Act on a leasehold valuation tribunal is exercisable by a rent assessment committee constituted in accordance with Schedule 10 to the M1Rent Act 1977 which when so constituted for the purposes of exercising any such jurisdiction shall be known as a leasehold valuation tribunal.

(2)The power to make regulations under section 74(1)(b) of the Rent Act 1977 (procedure of rent assessment committees) extends to prescribing the procedure to be followed in connection with any proceedings before a leasehold valuation tribunal under this Act.

(3)Such regulations may, in particular, make provision—

(a)for securing consistency where numerous applications under this Act are or may be brought in respect of the same or substantially the same matters; and

(b)empowering a leasehold valuation tribunal to dismiss an application, in whole or in part, on the ground that it is frivolous or vexatious or otherwise an abuse of the process of the tribunal.

(4)No costs incurred by a party in connection with proceedings under this Act before a leasehold valuation tribunal shall be recoverable by order of any court.

(5)Paragraphs 2, 3 and 7 of Schedule 22 to the M2Housing Act 1980 (supplementary provisions relating to leasehold valuation tribunals: appeals and provision of information) apply to a leasehold valuation tribunal constituted for the purposes of this section.

(6)No appeal shall lie to the Lands Tribunal from a decision of a leasehold valuation tribunal under this Act without the leave of the leasehold valuation tribunal concerned or the Lands Tribunal.

(7)On any such appeal—

(a)the Lands Tribunal may exercise any power available to the leasehold valuation tribunal in relation to the original matter, and

(b)an order of the Lands Tribunal may be enforced in the same way as an order of the leasehold valuation tribunal.]

Annotations:
Amendments (Textual)

F1Ss. 31A-31C inserted (1.9.1997 subject to saving in Sch. para. 1 of S.I. 1997/1851 and otherwise 11.8.1998 subject to art. 3 of S.I. 1998/1768) by 1996 c. 52, s. 83(3); S.I. 1997/1851, art. 2; S.I. 1998/1768, art. 2

Marginal Citations

M11977 c. 42.

M21980 c. 51.

[F131BLeasehold valuation tribunal: applications and fees

(1)The Secretary of State may make provision by order as to the form of, or the particulars to be contained in, an application made to a leasehold valuation tribunal under this Act.

(2)The Secretary of State may make provision by order—

(a)requiring the payment of fees in respect of any such application, or in respect of any proceedings before, a leasehold valuation tribunal under this Act; and

(b)empowering a leasehold valuation tribunal to require a party to proceedings before it to reimburse any other party the whole or part of any fees paid by him.

(3)The fees payable shall be such as may be specified in or determined in accordance with the order subject to this limit, that the fees payable in respect of any one application or reference by the court together with any proceedings before the tribunal arising out of that application or reference shall not exceed £500 or such other amount as may be specified by order of the Secretary of State.

(4)An order under this section may make different provision for different cases or classes of case or for different areas.

(5)An order may in particular—

(a)make different provision in relation to proceedings transferred to the tribunal from that applicable where an application was made to the tribunal, and

(b)provide for the reduction or waiver of fees by reference to the financial resources of the party by whom they are to be paid or met.

(6)In the latter case the order may apply, subject to such modifications as may be specified in the order, any other statutory means-testing regime as it has effect from time to time.

(7)An order under this section shall be made by statutory instrument.

(8)No order altering the limit under subsection (3) shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(9)Any other order under this section, unless it contains only such provision as is mentioned in subsection (1), shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Annotations:
Amendments (Textual)

F1Ss. 31A-31C inserted (1.9.1997 subject to saving in Sch. para. 1 of S.I. 1997/1851 and otherwise 11.8.1998 subject to art. 3 of S.I. 1998/1768) by 1996 c. 52, s. 83(3); S.I. 1997/1851, art. 2; S.I. 1998/1768, art. 2

[F131CTransfer of cases from county court

(1)Where in any proceedings before a court there falls for determination a question falling within the jurisdiction of a leasehold valuation tribunal under this Act, the court—

(a)may by order transfer to such a tribunal so much of the proceedings as relate to the determination of that question, and

(b)may then dispose of all or any remaining proceedings, or adjourn the disposal of all or any of such proceedings, pending the determination of that question by the tribunal, as it thinks fit.

(2)When the tribunal has determined the question, the court may give effect to the determination in an order of the court.

(3)Any such order shall be treated as a determination by the court for the purposes of section 81 of the Housing Act 1996 (restriction on termination of tenancy for failure to pay service charge).

(4)Rules of court may prescribe the procedure to be followed in the court in connection with or in consequence of a transfer under this section.]

Annotations:
Amendments (Textual)

F1Ss. 31A-31C inserted (1.9.1997 subject to saving in Sch. para. 1 of S.I. 1997/1851 and otherwise 11.8.1998 subject to art. 3 of S.I. 1998/1768) by 1996 c. 52, s. 83(3); S.I. 1997/1851, art. 2; S.I. 1998/1768, art. 2

32 Provisions not applying to tenancies within Part II of the Landlord and Tenant Act 1954

(1)The following provisions do not apply to a tenancy to which Part II of the M1Landlord and Tenant Act 1954 (business tenancies) applies—

  • [F1sections 1 to 3A] (information to be given to tenant),
  • section 17 (specific performance of landlord’s repairing obligations).

(2)Section 11 (repairing obligations) does not apply to a new lease granted to an existing tenant, or to a former tenant still in possession, if the new lease is a tenancy to which Part II of the Landlord and Tenant Act 1954 applies and the previous lease either is such a tenancy or would be but for section 28 of that Act (tenancy not within Part II if renewal agreed between the parties).

In this subsection “existing tenant”, “former tenant still in possession” and “previous lease” have the same meaning as in section 14(2).

(3)Section 31 (reserve power to limit rents) does not apply to a dwelling forming part of a property subject to a tenancy to which Part II of the M2Landlord and Tenant Act 1954 applies; but without prejudice to the application of that section in relation to a sub-tenancy of a part of the premises comprised in such a tenancy.

Annotations:
Amendments (Textual)

F1Words in s. 32(1) substituted (1.10.1996) by 1996 c. 52, s. 93(2); S.I. 1996/2212, art. 2(2)

Marginal Citations

M11954 c. 56.

M21954 c. 56.

33 Liability of directors, &c. for offences by body corporate

(1)Where an offence under this Act which has been committed by a body corporate is proved—

(a)to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, or

(b)to be attributable to any neglect on the part of such an officer or person,

he, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished accordingly.

(2)Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

34 Power of local housing authority to prosecute

Proceedings for an offence under any provision of this Act may be brought by a local housing authority.

35 Application to Isles of Scilly

(1)This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

(2)An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

36 Meaning of “lease” and “tenancy” and related expressions

(1)In this Act “lease” and “tenancy” have the same meaning.

(2)Both expressions include—

(a)a sub-lease or sub-tenancy, and

(b)an agreement for a lease or tenancy (or sub-lease or sub-tenancy).

(3)The expressions “lessor” and “lessee” and “landlord” and “tenant”, and references to letting, to the grant of a lease or to covenants or terms, shall be construed accordingly.

37 Meaning of “statutory tenant” and related expressions

In this Act—

(a)“statutory tenancy” and “statutory tenant” mean a statutory tenancy or statutory tenant within the meaning of the M1Rent Act 1977 or the M2Rent (Agriculture) Act 1976; and

(b)“landlord”, in relation to a statutory tenant, means the person who, apart from the statutory tenancy, would be entitled to possession of the premises.

Annotations:
Marginal Citations

M11977 c. 42.

M21976 c. 80.

38 Minor definitions

In this Act—

  • “address” means a person’s place of abode or place of business or, in the case of a company, its registered office;
  • [F1“arbitration agreement”, “arbitration proceedings” and “arbitral tribunal” have the same meaning as in Part I of the M1Arbitration Act 1996;]
  • “co-operative housing association” has the same meaning as in the M2Housing Associations Act 1985;
  • “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
  • “housing association” has the same meaning as in the Housing Associations Act 1985;
  • “local authority” means a district, county [F2county borough] or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and in sections 14(4), 26(1) and 28(6) includes . . . [F4F3the Broads Authority][F5, a police authority established under [F6section 3 of the Police Act 1996][F7the Metropolitan Police Authority,]F8. . . F9. . . a joint authority established by Part IV of the M3Local Government Act 1985 [F10and the London Fire and Emergency Planning Authority];
  • “local housing authority” has the meaning given by section 1 of the M4Housing Act 1985;
  • “new town corporation” means—

(a)a development corporation established by an order made, or treated as made, under the M5New Towns Act 1981, or

(b)the Commission for the New Towns;

  • “protected tenancy” has the same meaning as in the Rent Act 1977;

[F11“registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act);.]

  • “restricted contract” has the same meaning as in the Rent Act 1977;
  • “urban development corporation” has the same meaning as in Part XVI of the M6Local Government, Planning and Land Act 1980.
Annotations:
Amendments (Textual)

F1Definition in s. 38 inserted (1.9.1997) by 1996 c. 52, s. 83(5); S.I. 1997/1851, art. 2

F2Words in s. 38 inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 7 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F3Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F4Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 23(2), 27(2), Sch. 6 para. 26

F5Words in s. 38 inserted (1.10.1994 subject to modifications in art. 6(3)-(6) of S.I. 1994/2025 and otherwise 1.4.1995 by S.I. 1994/3262) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 60; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch.

F6Words in s. 38 substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(x)

F7Words in s. 38 inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 53 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F8Words in s. 38 repealed (1.4.2002) by 2001 c. 16, ss. 128(1), 137, Sch. 6 Pt. 3 para. 69; Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(k)(m) (with art. 4)

F9Word in s. 38 repealed (3.7.2000) by 1999 c. 29, s. 423, Sch. 34 Pt. VIII (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(i)

F10Words in s. 38 inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 44 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(h)

F11Definition in s. 38 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 16(4)

Modifications etc. (not altering text)

C1S. 38 extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(y)

Marginal Citations

M11996 c. 23.

M21985 c. 69.

M31985 c. 51

M41985 c. 68.

M51981 c. 64.

M61980 c. 65.

39 Index of defined expressions

The following Table shows provisions defining or otherwise explaining expressions used in this Act (other than provisions) defining or explaining an expression in the same section):

address

section 38

[F1arbitration agreement, arbitration proceedings and arbitral tribunal section 38]
co-operative housing association section 38
dwelling section 38
dwelling-house (in the provisions relating to repairing obligations) section 16
fit for human habitation section 10
flat (in the provisions relating to service charges) section 30
housing association section 38
landlord—
(generally) section 36(3)
(in sections 1 and 2) section 1(3)
(in the provisions relating to rent books) section 4(3)
(in the provisions relating to service charges) section 30
(in relation to a statutory tenancy) section 37(b)
lease, lessee and lessor—
(generally) section 36
(in the provisions relating to repairing obligations section 16
local authority section 38
local housing authority section 38
new town corporation section 38
protected tenancy section 38
qualified accountant (for the purposes of section 21(6)) section 28
[F2registered social landlord] section 38
recognised tenants’ association section 29
relevant costs (in relation to a service charge) section 18(2)
restricted contract section 38
service charge section 18(1)
statutory tenant section 37(a)
tenancy and tenant—
(generally) section 36
(in sections 1 and 2) section 1(3)
(in the provisions relating to rent books) section 4(3)
(in the provisions relating to service charges) section 30
urban development corporation section 38
Annotations:
Amendments (Textual)

F1Words in s. 39 inserted (1.9.1997 subject to saving in Sch. para. 1 of S.I. 1997/1851 and otherwise 11.8.1998 subject to art. 3 of S.I. 1998/1768) by 1996 c. 52, s. 83(6); S.I. 1997/1851, art. 2; S.I. 1998/1768, art. 2

F2Words in s. 39 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 16(5)

Final provisions

40 Short title, commencement and extent

(1)This Act may be cited as the Landlord and Tenant Act 1985.

(2)This Act comes into force on 1st April 1986.

(3)This Act extends to England and Wales.



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