SCHEDULES

SCHEDULE 11Administration charges

Part 1Reasonableness of administration charges

I15Liability to pay administration charges

1

An application may be made to F1the appropriate tribunal for a determination whether an administration 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

Sub-paragraph (1) applies whether or not any payment has been made.

3

The jurisdiction conferred on F2the appropriate tribunal in respect of any matter by virtue of sub-paragraph (1) is in addition to any jurisdiction of a court in respect of the matter.

4

No application under sub-paragraph (1) 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 matter of an application under sub-paragraph (1).