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Paragraph 2 No service charge payable for defect for which landlord or associate responsibleI1C1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies in relation to a lease of any premises in a relevant building.

(2)

No service charge is payable under the lease in respect of a relevant measure relating to a relevant defect if a relevant landlord—

(a)

is responsible for the relevant defect, or

(b)

is associated with a person responsible for a relevant defect.

(3)

For the purposes of this paragraph a person is “responsible for” a relevant defect if—

(a)

in the case of an initial defect, the person was, or was in a joint venture with, the developer or undertook or commissioned works relating to the defect;

(b)

in any other case, the person undertook or commissioned works relating to the defect.

(4)

In this paragraph—

  • “developer” means a person who undertook or commissioned the construction or conversion of the building (or part of the building) with a view to granting or disposing of interests in the building or parts of it;

  • “initial defect” means a defect which is a relevant defect by virtue of section 120(3)(a);

  • “relevant landlord” means the landlord under the lease at the qualifying time or any superior landlord at that time.

Annotations

Modifications

C1

Sch. 8 para. 2 modified (20.7.2022) by The Building Safety (Leaseholder Protections) (England) Regulations 2022 (S.I. 2022/711), regs. 1(1), 10

Commencement

I1

Sch. 8 para. 2 in force at 28.6.2022, see s. 170(3)(a)