Leasehold and Freehold Reform Act 2024

Prospective

61 Duty of landlords to publish administration charge schedules E+W

In Schedule 11 to the CLRA 2002 (administration charges)—

(a) omit paragraph 4 (notice in connection with demands for administration charges);

(b) before paragraph 5 insert—

Duty to publish administration charge schedules

4A (1) A person must produce and publish an administration charge schedule in relation to a building if the person is the landlord of the tenants of one or more dwellings in that building.

(2) An “administration charge schedule” is a document setting out—

(a) the administration charges which the landlord considers may be payable by one or more of those tenants, and

(b) for each charge—

(i) its amount, or

(ii) if it is not possible to determine its amount before it becomes payable, how its amount will be determined if it becomes payable.

(3) The landlord—

(a) may revise a published administration charge schedule, and

(b) must publish a revised schedule.

(4) The landlord must provide each tenant with the administration charge schedule for the time being published in relation to the building.

(5) The appropriate national authority may by regulations make provision as to—

(a) the meaning of “building” for the purposes of this paragraph;

(b) the form of an administration charge schedule;

(c) the content of an administration charge schedule;

(d) how an administration charge schedule must be published;

(e) how an administration charge schedule is to be provided to a tenant.

(6) An administration charge is payable by a tenant only if—

(a) its amount appeared for the required period on a published administration charge schedule, or

(b) its amount was determined in accordance with a method that appeared for the required period on a published administration charge schedule.

(7) “The required period” is the period of 28 days ending with the day on which the administration charge is demanded to be paid.

(8) This paragraph does not apply in relation to an administration charge that may be payable by a tenant of—

(a) a local authority;

(b) a National Park authority;

(c) a new town corporation,

unless the tenancy is a long tenancy.

(9) Subsections (2) and (3) of section 26 of the 1985 Act apply for the purposes of sub-paragraph (8) as they apply for the purposes of subsection (1) of that section.

(10) In this paragraph, “local authority” and “new town corporation” have the same meanings as in the 1985 Act (see section 38 of that Act).

Enforcement of duty to publish administration charge schedules

4B (1) A tenant may make an application to the appropriate tribunal on the ground that the landlord has failed to comply with paragraph 4A or regulations made under it.

(2) The tribunal may make one or both of the following orders—

(a) an order that the landlord comply with that paragraph or regulations made under it before the end of the period of 14 days beginning with the day after the date of the order;

(b) an order that the landlord pay damages to the tenant for the failure.

(3) Damages under sub-paragraph (2)(b) may not exceed £1,000.

(4) The appropriate national authority may by regulations amend the amount in sub-paragraph (3) if the appropriate national authority considers it expedient to do so to reflect changes in the value of money.

(5) The appropriate tribunal may not make an order under this paragraph if the landlord is—

(a) a local authority;

(b) a National Park authority;

(c) a new town corporation.

(6) In this paragraph, “local authority” and “new town corporation” have the same meanings as in the 1985 Act (see section 38 of that Act).”

Commencement Information

I1 S. 61 not in force at Royal Assent, see s. 124(3)