Explanatory Note

(This note is not part of the Order)

This Order brings section 15 of and paragraph 9 of Schedule 5 to the Housing and Planning Act 1986 into force on 17th February 1988.

Section 15 gives effect to Schedule 3 to the Act, which inserts new provisions into Part XV of the Housing Act 1985 (c. 68). These provisions provide for a new form of grant (a common parts grant) to be available from a local housing authority towards the cost of works required for the improvement or repair of the common parts of a building containing one or more flats.

Paragraph 9 of Schedule 5 inserts a further provision into the Housing Act 1985 and into the Landlord and Tenant Act 1985 (c. 70), which limits the service charge that may be recovered in cases where a grant under Part XV of the Housing Act 1985 has been paid.

This limitation is not confined to cases of common parts grants.