The Service Charge (Estimates and Consultation) Order 1988

Statutory Instruments

1988 No. 1285

LANDLORD AND TENANT

The Service Charge (Estimates and Consultation) Order 1988

Made

25th July 1988

Laid before Parliament

29th July 1988

Coming into force

1st September 1988

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 20(3) and (10) of the Landlord and Tenant Act 1985(1) and all other powers enabling them in that behalf, hereby make the following Order:

1.  This Order may be cited as the Service Charge (Estimates and Consultation) Order 1988 and shall come into force on 1st September 1988.

2.  Except in a case where relevant costs have been incurred before this Order comes into force—

(a) the amount prescribed for the purposes of section 20(3)(a) of the Landlord and Tenant Act 1985 is £50, and

(b) the amount prescribed for the purposes of section 20(3)(b) of that Act is £1,000.

Nicholas Ridley

Secretary of State for the Environment

25th July 1988

Signed by authority of the Secretary of State

Ian Grist

Parliamentary Under Secretary of State, Welsh Office

25th July 1988

Explanatory Note

(This note is not part of the Order)

Section 20 of the Landlord and Tenant Act 1985 limits the amount of service charges payable by tenants of dwellings by reference to the relevant costs of any qualifying works. Where the costs exceed £25 multiplied by the number of dwellings let to the tenants concerned or, if more, £500, the excess is irrecoverable unless certain requirements are complied with or dispensed with by the court. This Order increases the limits of £25 and £500 to £50 and £1,000 respectively except in the case described.

(1)

1985 c. 70; section 20 was substituted by paragraph 3 of Schedule 2 to the Landlord and Tenant Act 1987 (c. 31).