OpenLegislation

Section 89 Notices of complaintI1

England and Wales Not yet in force

(1)

An owner of a managed dwelling may give a notice of complaint to an estate manager.

(2)

A notice of complaint is a notice that—

(a)

sets out one or more complaints listed in subsection (3) in relation to the estate manager,

(b)

states that, if the complaints are not remedied by the end of the qualifying period (see subsection (7)), the owner may make an application under section 90 (application to appoint substitute manager), and

(c)

contains any other information specified in regulations made by the Secretary of State.

(3)

The complaints are—

(a)

that the estate manager—

(i)

is in breach of an obligation in relation to the dwelling, or

(ii)

in the case of an obligation dependent on notice, would be in breach of such an obligation but for the fact that it has not been reasonably practicable to give the estate manager the appropriate notice;

(b)

that sums payable by way of estate management charges by the owner, or, if the owner is a tenant or sub-tenant, by the landlord or superior landlord, are not being applied in an efficient or effective manner;

(c)

that an estate management charge payable, or proposed or likely to be payable, by the owner, or, if the owner is a tenant or sub-tenant, by the landlord or superior landlord, is unreasonable;

(d)

that an administration charge payable, or proposed or likely to be payable, by the owner, or, if the owner is a tenant or sub-tenant, by the landlord or superior landlord, is unreasonable;

(e)

that the estate manager has failed to comply with a relevant provision of a code of practice approved under section 87 of the LRHUDA 1993 (codes of management practice).

(4)

A notice of complaint may be given jointly by two or more persons if each of those persons is entitled to give a notice to the estate manager (whether or not in respect of the same dwelling).

(5)

For that purpose, it is not necessary for every complaint set out in the notice, or every part of each complaint, to apply in relation to each dwelling owned by each of the persons giving the notice.

(6)

The Secretary of State may by regulations make provision for determining when a notice of complaint is given.

(7)

In this section and sections 90 to 93—

  • “notice of complaint” means a notice of complaint under this section;

  • “qualifying period”, in relation to a notice of complaint, means the period of six months beginning with the date on which the notice is given.

(8)

A statutory instrument containing regulations under this section is subject to the negative procedure.

Annotations

Commencement

I1

S. 89 not in force at Royal Assent, see s. 124(3)