Paragraph 6 Tenant may contest liabilityI1

England and Wales

(1)

Subject to sub-paragraph (2), a tenant who wishes to contest liability to execute any repairs, replacements or maintenance specified in a notice from the landlord under paragraph 5 must within one month of the service of that notice serve a counter-notice in writing upon the landlord specifying the grounds on which, and the items of repair and replacement in respect of which, liability is contested and requiring that the question of liability be determined by arbitration under the Act.

(2)

Alternatively, the landlord and tenant may agree to refer the question of liability for third party determination.

(3)

The operation of a notice given under paragraph 5 is suspended upon—

(a)

a counter-notice being served by the tenant on the landlord (to the extent of the items specified in the counter-notice); or

(b)

the parties referring the question of liability for third party determination (to the extent of the items specified in the referral).

(4)

The suspension operates under—

(a)

sub-paragraph 3(a) until the date on which the arbitrator’s award is delivered to the tenant; and

(b)

sub-paragraph 3(b) until the date on which the third party’s determination is delivered to the tenant.

Annotations

Commencement

I1: Sch. 1 para. 6 in force at 1.10.2015, see reg. 1(1)