Section 20K Right to claim where non-litigation costs charged contrary to section 20JF1

Not yet in force

(1)

This section applies if, despite section 20J (1), a non-participating tenant in relation to a relevant claim 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 non-litigation costs incurred, or to be incurred, in connection with the claim.

(3)

The appropriate tribunal may, on the application of the tenant, order the person to which the prohibited amount was paid to return all or any part of the amount to the tenant.

Annotations

Textual amendments

F1: Ss. 20J, 20K inserted (3.3.2025 for the insertion of s. 20J for specified purposes) by Leasehold and Freehold Reform Act 2024 (c. 22), ss. 64, 124(3) (with s. 71); S.I. 2025/131, reg. 2(e)