# Landlord and Tenant Act 1985, Section 20H: Right to claim where excluded insurance costs charged


(1) This section applies if, despite section 20G(1), a tenant pays a prohibited amount to any person.
(2) For the purposes of this section, a “prohibited amount” is an amount that is—
(a) demanded as a variable service charge, and
(b) attributable to excluded insurance costs.
(3) The appropriate tribunal may, on the application of the tenant—
(a) order the person to which the prohibited amount was paid to return all or any part of the amount to the tenant;
(b) order—
(i) the tenant’s landlord,
(ii) a person that benefited from the payment of the prohibited amount, or
(iii) a person that benefited from a payment to which the excluded insurance costs are attributable,
to pay damages to the tenant.
(4) Damages under subsection (3)(b) must—
(a) equal or exceed the prohibited amount paid;
(b) not exceed an amount that is three times the prohibited amount paid.
(5) If the appropriate tribunal orders that more than one person is to pay damages to the tenant under subsection (3)(b)—
(a) the tribunal may order that those persons are to be jointly, severally, or jointly and severally liable to pay the damages, and
(b) the references in subsection (4) and paragraph (a) to the damages are to the damages payable by all of those persons taken together.

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Source: https://www.legislation.gov.uk/ukpga/1985/70/section/20H (the official version)
Page: https://openlegislation.uk/landlord-and-tenant-act-1985/section-20H
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.