Part 4

Regulation of leasehold

Service charges

Notice of future service charge demands
54
In section 20B of the LTA 1985 (time limit on making service charge demands), in subsection (2), for the words from “notified in writing” to the end substitute “given a future demand notice in respect of those costs.
3
A “future demand notice” is a notice in writing that—
a
relevant costs have been incurred, and
b
the tenant will subsequently be required under the terms of the lease to contribute to the costs by the payment of a variable service charge.
4
A future demand notice must—
a
be in the specified form,
b
contain the specified information, and
c
be given to the tenant in a specified manner.
“Specified” means specified in regulations made by the appropriate authority.
5
The regulations may, among other things, specify as information to be contained in a future demand notice—
a
an amount estimated as the amount of the costs incurred (an “estimated costs amount”);
b
an amount which the tenant is expected to be required to contribute to the costs (an “expected contribution”);
c
a date on or before which it is expected that payment of the variable service charge will be demanded (an “expected demand date”).
6
Regulations that include provision by virtue of subsection (5) may also provide for a relevant rule to apply in a case where—
a
the tenant has been given a future demand notice in respect of relevant costs, and
b
a demand for payment of a variable service charge as a contribution to those costs is served on the tenant more than 18 months after the costs were incurred.
7
The relevant rules are—
a
in a case where a future demand notice is required to contain an estimated costs amount, that the tenant is liable to pay the service charge only to the extent it reflects relevant costs that do not exceed the estimated costs amount;
b
in a case where a future demand notice is required to contain an expected contribution, that the tenant is liable to pay the service charge only to the extent it does not exceed the expected contribution;
c
in a case where a future demand notice is required to contain an expected demand date, that, if the demand is served after the expected demand date, the tenant is not liable to pay the service charge to the extent it reflects any of the costs.
8
Regulations that provide for the relevant rule in subsection (7)(c) to apply may also provide that, in a case set out in the regulations, the rule is to apply as if, for the expected demand date, there were substituted a later date determined in accordance with the regulations.
9
Regulations under this section—
a
are to be made by statutory instrument;
b
may make provision generally or only in relation to specific cases;
c
may make different provision for different purposes;
d
may include supplementary, incidental, transitional or saving provision.
10
A statutory instrument containing regulations under this section is subject to the negative procedure.
S. 54 not in force at Royal Assent, see s. 124(3)