# The Service Charges (Consultation Requirements) (England) Regulations 2003, Regulation 3: Agreements that are not qualifying long term agreements

Extent: E+W

(1) An agreement is not a qualifying long term agreement —
(a) if it is a contract of employment; or
(b) if it is a management agreement made by a local housing authority and—
(i) a tenant management organisation; or
(ii) a body established under section 2 of the Local Government Act 2000 or section 1 of the Localism Act 2011;
(c) if the parties to the agreement are—
(i) a holding company and one or more of its subsidiaries; or
(ii) two or more subsidiaries of the same holding company;
(d) if—
(i) when the agreement is entered into, there are no tenants of the building or other premises to which the agreement relates; and
(ii) the agreement is for a term not exceeding five years.
(2) An agreement entered into, by or on behalf of the landlord or a superior landlord—
(a) before the coming into force of these Regulations; and
(b) for a term of more than twelve months,
is not a qualifying long term agreement, notwithstanding that more than twelve months of the term remain unexpired on the coming into force of these Regulations.
(3) An agreement for a term of more than twelve months entered into, by or on behalf of the landlord or a superior landlord, which provides for the carrying out of qualifying works for which public notice has been given before the date on which these Regulations come into force, is not a qualifying long term agreement.
(4) In paragraph (1)—
“holding company” and “subsidiaries” have the same meaning as in the Companies Act 1985 ;
“management agreement” has the meaning given by section 27(2) of the Housing Act 1985 ; and
“tenant management organisation” has the meaning given by section 27AB(8) of the Housing Act 1985 .

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Source: https://www.legislation.gov.uk/uksi/2003/1987/regulation/3 (the official version)
Page: https://openlegislation.uk/service-charges-consultation-requirements-england-regulations-2003/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.