OpenLegislation

Paragraph 22 Landlord's acceptance of tenant's claim for payment or further 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)

Where none of the grounds set out in Annex C is relied on by the landlord and paragraph 19(2)(b) does not apply, the landlord shall accept the tenant's claim for payment under paragraph 12 or, as the case may be, the tenant's further claim for payment under paragraph 17 (or that paragraph as applied by paragraph 20).

(2)

Where the landlord accepts the tenant's claim for payment or, as the case may be, the tenant's further claim for payment and the repair works or, as the case may be, the further repair works or the additional further repair works have been completed, the amount to be paid by the landlord shall be—

(a)

except where sub-paragraph (2)(b) below applies, the amount specified in the landlord's notice in Form 3 as the amount the landlord would pay to the tenant, as modified by any notification in accordance with paragraph 24(3); or

(b)

in a default case the amount of the costs incurred by the tenant in carrying out the repair works and, as the case may be, the further repair works and the additional further repair works, if any, or £200, whichever is the less.

(3)

Where the landlord accepts the tenant's claim for payment or, as the case may be, the tenant's further claim for payment, in a case to which paragraph 12(2) or paragraph 17(2) (or paragraph 17(2) as applied by paragraph 20) applies, the amount to be paid by the landlord shall be—

(a)

in a case where the landlord accepted the tenant's repair claim by serving a notice in Form 3, whichever is the lesser of the following—

(i)

the amount specified in that notice as the amount the landlord would pay, as modified by any notification in accordance with paragraph 24(3); and

(ii)

an amount equal to the costs which, in the landlord's opinion, the tenant has reasonably incurred in carrying out those works which he has carried out; and

(b)

in a default case, an amount equal to the cost which, in the landlord's opinion, the tenant has reasonably incurred in carrying out those works which he has carried out, or £200, whichever is the less.

Annotations

Commencement

I1

Sch. para. 22 in force at 1.1.1986, see reg. 1