Service charges

C1X121F1Service charge information

1

The appropriate national authority may make regulations about the provision, by landlords of dwellings to each tenant by whom service charges are payable, of information about service charges.

2

The regulations must, subject to any exceptions provided for in the regulations, require the landlord to provide information about—

a

the service charges of the tenant,

b

any associated service charges, and

c

relevant costs relating to service charges falling within paragraph (a) or (b).

3

The regulations must, subject to any exceptions provided for in the regulations, require the landlord to provide the tenant with a report by a qualified person on information which the landlord is required to provide by virtue of this section.

4

The regulations may make provision about—

a

information to be provided by virtue of subsection (2),

b

other information to be provided (whether in pursuance of a requirement or otherwise),

c

reports of the kind mentioned in subsection (3),

d

the period or periods in relation to which information or reports are to be provided,

e

the times at or by which information or reports are to be provided,

f

the form and manner in which information or reports are to be provided (including in particular whether information is to be contained in a statement of account),

g

the descriptions of persons who are to be qualified persons for the purposes of subsection (3).

5

Subsections (2) to (4) do not limit the scope of the power conferred by subsection (1).

6

Regulations under this section may—

a

make different provision for different cases or descriptions of case or for different purposes,

b

contain such supplementary, incidental, consequential, transitional, transitory or saving provision as the appropriate national authority considers appropriate.

F36A

In particular, regulations which make provision about higher-risk buildings (within the meaning of Part 4 of the Building Safety Act 2022) F2or relevant buildings (as defined by section 117 of that Act) need not contain provision of a kind mentioned in subsection (2) or (3).

7

Regulations under this section are to be made by statutory instrument which, subject to subsections (8) and (9)—

a

in the case of regulations made by the Secretary of State, is to be subject to annulment in pursuance of a resolution of either House of Parliament, and

b

in the case of regulations made by the Welsh Ministers, is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

8

The Secretary of State may not make a statutory instrument containing the first regulations made by the Secretary of State under this section unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

9

The Welsh Ministers may not make a statutory instrument containing the first regulations made by the Welsh Ministers under this section unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

10

In this section—

  • “the appropriate national authority”—

    1. a

      in relation to England, means the Secretary of State, and

    2. b

      in relation to Wales, means the Welsh Ministers,

  • “associated service charges”, in relation to a tenant by whom a contribution to relevant costs is payable as a service charge, means service charges of other tenants so far as relating to the same costs.