- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Commonhold and Leasehold Reform Act 2002. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
For section 21 of the 1985 Act (request for summary of relevant costs) substitute—
(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
(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.
(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 are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Click 'View More' or select 'More Resources' tab for additional information including: