Liability to pay administration chargesE+W
5(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).
Textual Amendments
F1Words in Sch. 11 para. 5(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 147(a) (with Sch. 3)
F2Words in Sch. 11 para. 5(3) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 147(a) (with Sch. 3)
Commencement Information
I1Sch. 11 wholly in force at 30.3.2004; Sch. 11 not in force at Royal Assent see s. 181(1); Sch. 11 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); Sch. 11 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)