Service charges and insurance

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  • jeffrey
    replied
    Originally posted by jeffrey
    Regulation 2 of The Service Charges (Summary of Rights and Obligations, and Transitional Provision)(England) Regulations 2007 with my underlining:

    2.(1) Subject to regulation 4, these Regulations apply where, on or after 1st October 2007, a demand for payment of a service charge is served in relation to a dwelling
    (2) Subject to paragraph (3) these Regulations apply to dwellings in England which are subject to a lease.
    (3) These Regulations do not apply where:
    (a) the lease is not a long lease within section 26 of the Landlord and Tenant Act 1985; and
    (b) the landlord is a local authority, a National Park Authority or a new town corporation.
    Sorry for the confusion. I agree that:
    a. section 21B does apply to local authorities etc. so far as concerns long leases (because s.26 says so); but
    b. by s.26(1), the criminal offence of non-compliance (s.25) does not apply; and
    c. the Regulations do apply so far as concerns long leases- i.e. they are inapplicable only if both R.2(3)(a) and 2(3)(b) are satisfied.

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  • dominic
    replied
    Originally posted by jeffrey View Post
    Yes. By s.21B of LTA 1985, that summary of T's rights must accompany any service charge demand (as from 1 October 2007) unless:
    a. property is not a 'dwelling' as defined in s.38; or
    b. lease is not a 'long lease' as defined in s.26; or
    c. L is a local authority, National Park Authority, or new town corporation.
    This is not correct, these bodies are subject to the provisions of s.21B (see s.26). The only difference where the LL is one of these bodies is that the sanctions for non-compliance is in doubt (since they are not criminally liable as is the case for other LLs under s.25).

    Jeffrey: I think I have asked what the sanction is in the case of local authorities, given s.26 disapplies s.25 in respect of such bodies.

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  • jeffrey
    replied
    Originally posted by woodchip35 View Post
    http://www.opsi.gov.uk/si/si2007/uksi_20071257_en_1

    do you need to include this also?
    Yes. By s.21B of LTA 1985, that summary of T's rights must accompany any service charge demand (as from 1 October 2007) unless:
    a. property is not a 'dwelling' as defined in s.38; or
    b. lease is not a 'long lease' as defined in s.26; or
    c. L is a local authority, National Park Authority, or new town corporation.

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  • woodchip35
    replied
    http://www.opsi.gov.uk/si/si2007/uksi_20071257_en_1

    do you need to include this also?

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  • quarterday
    replied
    does the freeholders address need to be shown on demands

    sections 47 and 48 of the Landlord and Tenant act 1987 require that a demand for payment of rent from a long lessee (which usually means insurance premium and service charge too) must be accompanied with an address in the united kingdom at which notices may be served on the landlord. this isnt necessarily their own address, it is usually their managing agents or lawyers or registered address. Also demands for contributions to service charge entitle you to excercise the right by prior arrangement to inspect bills vouchers etc and in practice landlords will send copies although they are entitled to some sort of a charge for this

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  • woodchip35
    started a topic Service charges and insurance

    Service charges and insurance

    With a service charge and buildings insurance invoice, what are the documents that have to come with the invoice, is there a link showing the documents?
    Also th invoice needs to show who and where the freeholder can be contacted?

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