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Commonhold and Leasehold Reform Act 2002

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Section 150

SCHEDULE 9E+WMeaning of service charge and management

This schedule has no associated Explanatory Notes

Loans in respect of service chargesE+W

1The Housing Act 1985 (c. 68) has effect subject to the following amendments.

Commencement Information

I1Sch. 9 wholly in force at 30.3.2004; Sch. 9 not in force at Royal Assent see s. 181(1); Sch. 9 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); Sch. 9 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)

2(1)Section 450A (right to a loan in respect of service charges for repairs in certain cases after exercise of right to buy) is amended as follows.E+W

(2)In subsection (2), after “repairs” insert “ or improvements ”.

(3)In subsection (5)(a), after “repairs” insert “ or improvements ”.

Commencement Information

I2Sch. 9 wholly in force at 30.3.2004; Sch. 9 not in force at Royal Assent see s. 181(1); Sch. 9 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); Sch. 9 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)

3In section 450B(1)(b) (power to make loan in respect of service charges for repairs in other cases), after “repairs” insert “ or improvements ”.

Commencement Information

I3Sch. 9 wholly in force at 30.3.2004; Sch. 9 not in force at Royal Assent see s. 181(1); Sch. 9 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); Sch. 9 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)

4In section 458(1) (minor definitions for purposes of Part 14 of the Act), insert at the end—

service charge” has the meaning given by section 18(1) of the Landlord and Tenant Act 1985 (c. 70).

Commencement Information

I4Sch. 9 wholly in force at 30.3.2004; Sch. 9 not in force at Royal Assent see s. 181(1); Sch. 9 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); Sch. 9 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)

5In section 459 (index of defined expressions for Part 14 of the Act), in the entry relating to “service charge”, for “section 621A” substitute “ section 458 ”.

Commencement Information

I5Sch. 9 wholly in force at 30.3.2004; Sch. 9 not in force at Royal Assent see s. 181(1); Sch. 9 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); Sch. 9 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)

6In section 621A (meaning of service charge for purposes of the Act), insert at the end—

(5)But this section does not apply in relation to Part 14.

Commencement Information

I6Sch. 9 wholly in force at 30.3.2004; Sch. 9 not in force at Royal Assent see s. 181(1); Sch. 9 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); Sch. 9 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)

Service chargesE+W

7In section 18(1)(a) of the 1985 Act (meaning of service charge), after “maintenance” insert “ , improvements ”.

Commencement Information

I7Sch. 9 wholly in force at 30.3.2004; Sch. 9 not in force at Royal Assent see s. 181(1); Sch. 9 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); Sch. 9 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)

Appointment of managerE+W

8In section 24(11) of the 1987 Act (appointment of manager by leasehold valuation tribunal: meaning of management), after “maintenance” insert “ , improvement ”.

Commencement Information

I8Sch. 9 wholly in force at 30.3.2004; Sch. 9 not in force at Royal Assent see s. 181(1); Sch. 9 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); Sch. 9 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)

Right to acquire landlord’s interestE+W

9(1)Section 29 of that Act (conditions for making orders for compulsory acquisition by tenants of landlord’s interest) is amended as follows.

(2)In subsection (2), in paragraph (a), omit “repair, maintenance, insurance or”.

(3)After that subsection insert—

(2A)The reference in subsection (2) to the management of any premises includes a reference to the repair, maintenance, improvement or insurance of those premises.

Commencement Information

I9Sch. 9 wholly in force at 30.3.2004; Sch. 9 not in force at Royal Assent see s. 181(1); Sch. 9 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); Sch. 9 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)

Tenants’ right to management auditE+W

10In section 84 of the 1993 Act (interpretation of provisions concerning tenants’ right to management audit), in the definition of “management functions”, after “maintenance” insert “ , improvement ”.

Commencement Information

I10Sch. 9 wholly in force at 30.3.2004; Sch. 9 not in force at Royal Assent see s. 181(1); Sch. 9 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); Sch. 9 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)

Codes of management practiceE+W

11In section 87(8) of that Act (approval by Secretary of State of codes of management practice: meaning of management functions and service charge)—

(a)in paragraph (a), after “maintenance” insert “ , improvement ”, and

(b)in paragraph (c)(i), after “maintenance” insert “ , improvements ”.

Commencement Information

I11Sch. 9 wholly in force at 30.3.2004; Sch. 9 not in force at Royal Assent see s. 181(1); Sch. 9 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); Sch. 9 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)

Right to appoint surveyorE+W

12In paragraph 4(2) of Schedule 4 to the Housing Act 1996 (c. 52) (right of surveyor appointed by tenants’ association to inspect premises: meaning of management functions), after “maintenance” insert “ , improvement ”.

Commencement Information

I12Sch. 9 wholly in force at 30.3.2004; Sch. 9 not in force at Royal Assent see s. 181(1); Sch. 9 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); Sch. 9 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)

Power to amend certain provisionsE+W

13An order amending—

(a)any of the provisions amended by paragraphs 7 to 12, or

(b)section 27A(3) of the 1985 Act (as inserted by section 155),

may be made by the appropriate national authority for or in connection with altering the meaning of “service charge”, “management” or “management functions”.

Commencement Information

I13Sch. 9 wholly in force at 30.3.2004; Sch. 9 not in force at Royal Assent see s. 181(1); Sch. 9 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); Sch. 9 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)

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