Valid from 28/02/2005
Trust of service charges paid by only one tenantE+W
15(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. ”
Commencement Information
I1Sch. 10 para. 15 wholly in force at 31.5.2005; para. 15 not in force at Royal Assent see s. 181(1); para. 15 in force at 28.2.2005 for E. by S.I. 2004/3056, art. 3(b); para. 15 in force at 31.5.2005 for W. by S.I. 2005/1353, art. 2(b)