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Paragraph 12 Tenant's claim for paymentI1

England and Wales Not yet in force

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

(1)

Except where sub-paragraph (2) below applies, the tenant's claim for payment shall only be made where, in the tenant's opinion, the repair works have been completed.

(2)

This sub-paragraph applies where, after the repair works have been started, it is discovered that the condition of the dwelling-house is such that it is not reasonable for the tenant to proceed further with those works.

(3)

The tenant's claim for payment shall be made by serving notice in writing on the landlord—

(a)

in a case to which paragraph 11(1) applies, before the date specified in the landlord's notice in Form 3, as the date before which the tenant's claim for payment must be made;

(b)

in a default case, not later than the end of the period of four months beginning with the date of service on the landlord of the tenant's default notice,

or before such later date as the landlord may in any case allow.

(4)

The tenant's claim for payment shall contain the following particulars—

(a)

the costs the tenant has incurred in carrying out the repair works;

(b)

whether, in the tenant's opinion, the repair works have been completed;

(c)

where, in the tenant's opinion, the repair works have not been completed, the reason for their not being completed; and

(d)

whether all or any of the repair works have been carried out by a person other than the tenant and, if so, the name of that person.

(5)

For the purposes of sub-paragraph (4) above, any reference to the repair works includes, in a case to which sub-paragraph (2) above applies, a reference to such part of such works as has been completed.

Annotations

Commencement

I1

Sch. para. 12 in force at 1.1.1986, see reg. 1