{
  "url": "https://openlegislation.uk/service-charges-consultation-requirements-amendment-wales-regulations-2005/note",
  "json_url": "https://openlegislation.uk/service-charges-consultation-requirements-amendment-wales-regulations-2005/note.json",
  "legislation": "wsi/2005/1357",
  "legislation_title": "The Service Charges (Consultation Requirements) (Amendment) (Wales) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/service-charges-consultation-requirements-amendment-wales-regulations-2005",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend regulation 4 (“Regulation 4”) of the Service Charges (Consultation Requirements) (Wales) Regulations 2004. Regulation 4 provides for the application of section 20 of the Landlord and Tenant Act 1985 (“the 1985 Act”) to certain agreements entered into, by or on behalf of a landlord or superior landlord, for a term of more than twelve months (“qualifying long term agreements”), where relevant costs (defined in section 18(2) of the 1985 Act) incurred under the agreement in any accounting period exceed an amount which results in the relevant contribution of any tenant, in respect of that period, being more than £100. Section 20 of the 1985 Act imposes limitations on the amount of tenants' contributions to service charges in respect of qualifying long term agreements unless the consultation requirements in the Service Charges (Consultation Requirements) (Wales) Regulations 2004 have been complied with or dispensed with by a leasehold valuation tribunal.\nThe amendments are made by the Regulations and affect any landlord who intends to enter into a qualifying long term agreement on or after 31 May 2005 but only if that person has not previously made up service charge accounts referable to a qualifying long term agreement in respect of the dwellings to which the intended agreement is to relate.\nThe Regulations modify the operation of paragraph (3) of Regulation 4, which relates to the definition of the term “accounting period” that is used in paragraph (1) of that regulation. Section 20 of the 1985 Act will apply in the circumstances mentioned above if the relevant contribution of any tenant to relevant costs to be incurred under the agreement in the period of twelve months beginning with the relevant date exceed £100. For this purpose, the relevant date is that on which the first period for which service charges are payable by a tenant under a lease of a dwelling to which the intended agreement relates begins. The effect of paragraphs (2) and (4) of Regulation 4 is that each subsequent accounting period will be a period of twelve months beginning as soon as the previous accounting period has ended.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2005/1357/note",
    "retrieved_at": "2026-10-29T00:06:15.897038+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}