Schedules

Schedule 8Remediation costs under qualifying leases etc

I13No service charge payable if landlord meets contribution condition

1

No service charge is payable under a qualifying lease in respect of a relevant measure relating to any relevant defect if the landlord under the lease at the qualifying time (“the relevant landlord”) met the contribution condition.

2

The contribution condition is that the landlord group’s net worth at the qualifying time was more than N x £2,000,000,

where N is the number of relevant buildings within sub-paragraph (3).

3

A relevant building is within this sub-paragraph if a member of the landlord group was, at the qualifying time, a landlord under a lease of the relevant building or any part of it.

4

For the purposes of this paragraph

a

the landlord group” means the relevant landlord and any person associated with the relevant landlord;

b

the net worth of the landlord group at the qualifying time is to be determined in accordance with regulations made by the Secretary of State.

5

The Secretary of State may by regulations amend the amount for the time being specified in sub-paragraph (2).

6

This paragraph does not apply if, at the qualifying time, the relevant landlord was—

a

a private registered provider of social housing (as to which see section 80 of the Housing and Regeneration Act 2008),

b

a local authority (as defined by section 30), or

c

a prescribed person.