Regulation 3 Recovery of amounts from other landlords: cases under paragraph 2 of Schedule 8

(1)

This regulation applies where, in relation to a lease of premises in a relevant building, a landlord (L) has paid or is liable to pay the cost of a relevant measure^f1 relating to a relevant defect^f2 (“the remediation amount”) which, but for paragraph 2 of Schedule 8 to the Act, would have been payable as a service charge by a tenant under the lease.

(2)

Where this regulation applies the responsible landlord is liable to pay L the remediation amount, and where, in relation to a particular relevant defect, two or more persons are responsible landlords, each person is liable to pay to L an equal share of that amount.

(3)

Where paragraph (2) applies L must give a notice to the responsible landlord or landlords of the liability.

(4)

The remediation amount may not include any amount which L is entitled to recover under regulations 4 or 5.

(5)

A person who is notified by L of a requirement to pay all or part of the remediation amount referred to in paragraph (2) may appeal that notice to the First-tier Tribunal within 30 days of the notification, specifying the grounds of appeal.

(6)

The grounds of appeal are—

(a)

that the remediation amount does not represent the cost of the relevant measure; or

(b)

that the person sent the notice is not a responsible landlord.

(7)

For the purposes of this regulation, the reference to landlord (L) includes a RMC or a RTM company.

(8)

In this regulation “the responsible landlord” means—

(a)

the person who, at the beginning of 14th February 2022, was the landlord of the tenant referred to in paragraph (1) or any superior landlord and was on that date—

(i)

responsible for^f3 the particular relevant defect to which the relevant measure relates; or

(ii)

associated with^f4 a person responsible for that relevant defect; or

(b)

the person who, on or after 14th February 2022, became the owner of that landlord’s, or superior landlord’s, interest.

Annotations

Footnotes

f1: See paragraph 1 of Schedule 8 to the Act for the definition of “relevant measure”.
f2: See section 120 of the Act for the definition of “relevant defect”.
f3: See paragraph 2(3) of Schedule 8 to the Act for the definition of “responsible for”.
f4: See section 121 of the Act for the definition of “associated with”.