SCHEDULES
SCHEDULE 10Service charges: minor and consequential amendments
I115Trust of service charges paid by only one tenant
1
Section 42 of the 1987 Act (service charge contributions of tenants to be held in trust) is amended as follows.
2
In subsection (1)—
a
after “costs” insert “
, or the tenant of a dwelling may be required under the terms of his lease to contribute to costs to which no other tenant of a dwelling may be required to contribute,
”
,
b
at the end of the definition of “the contributing tenants” insert “
and “the sole contributing tenant” means that tenant;
”
, and
c
in the definition of “the payee”, for “under the terms of their leases” substitute “
, or that tenant, under the terms of their leases, or his lease
”
.
3
In subsection (2), after “tenants” insert “
, or the sole contributing tenant,
”
.
4
In subsection (3), insert at the end “
, or the person who is the sole contributing tenant for the time being.
”
5
In subsection (4), insert at the end “
or the sole contributing tenant shall be treated as so entitled to the residue of any such fund.
”
6
In subsection (6), for “a contributing tenant” substitute “
any of the contributing tenants
”
.
7
In subsection (7), for “If after the termination of any such lease there are no longer any contributing tenants,” substitute “
On the termination of the lease of the last of the contributing tenants, or of the lease of the sole contributing tenant,
”
.
8
In subsection (8)—
a
for “a contributing tenant” substitute “
any of the contributing tenants, or the sole contributing tenant,
”
, and
b
after “his lease” insert “
(whenever it was granted)
”
.
9
In subsection (9)—
a
after “so created” insert “
, in the case of a lease of any of the contributing tenants,
”
, and
b
insert at the end “
or, in the case of the lease of the sole contributing tenant, before the commencement of paragraph 15 of Schedule 10 to the Commonhold and Leasehold Reform Act 2002.
”