LTA 1985 s.21- definitive text

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    LTA 1985 s.21- definitive text

    As I've often posted, this section is A Mess. It's been amended seven times in 25yrs., amendments in 2002 and 2008 have not been implemented (I'm told that they never will be), and even http://www.statutelaw.gov.uk/Home.as...v.uk/Home.aspx (the official UK Law Statute Database website) shows the wrong version! So here's the authoritative text, including only those amendments that are in force!

    21. Request for summary of relevant costs

    (1) A tenant may require the landlord in writing to supply him with a written summary of the costs incurred;
    (a) if the relevant accounts are made up for periods of twelve months, in the last such period ending not later than the date of the request, or
    (b) if the accounts are not so made up, in the period of twelve months ending with the date of the request,
    and which are relevant costs in relation to the service charges payable or demanded as payable in that or any other period.

    (2) If the tenant is represented by a recognised tenants’ association and he consents, the request may be made by the secretary of the association instead of by the tenant and may then be for the supply of the summary to the secretary.

    (3) A request is duly served on the landlord if it is served on;
    (a) an agent of the landlord named as such in the rent book or similar document, or
    (b) the person who receives the rent on behalf of the landlord;
    and a person on whom a request is so served shall forward it as soon as may be to the landlord.

    (4) The landlord shall comply with the request within one month of the request or within six months of the end of the period referred to in subsection (1)(a) or (b) whichever is the later.

    (5) The summary shall state whether any of the costs relate to works in respect of which a grant has been or is to be paid under section 523 of the Housing Act 1985 (assistance for provision of separate service pipe for water supply) or any provision of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants, etc for renewal of private sector housing) or any corresponding earlier enactment, and set out the costs in a way showing how they have been or will be reflected in demands for services charges and, in addition, shall summarise each of the following items, namely:
    (a) any of the costs in respect of which no demand for payment was received by the landlord within the period referred to in subsection (1)(a) or (b).
    (b) any of the costs in respect of which:
    (i) a demand for payment was so received, but
    (ii) no payment was made by the landlord within that period, and
    (a) any of the costs in respect of which:
    (i) a demand for payment was so received, and
    (ii) payment was made by the landlord within that period,
    and specify the aggregate of any amounts received by the landlord down to the end of that period on account of service charges in respect of relevant dwellings and still standing to the credit of the tenants of those dwellings at the end of that period.

    (5A) In subsection (5) “relevant dwelling” means a dwelling whose tenant is either:
    (a) the person by or with the consent of whom the request was made, or
    (b) a person whose obligations under the terms of his lease as regards contributing to relevant costs relate to the same costs as the corresponding obligations of the person mentioned in paragraph (a) above relate to.

    (5B) The summary shall state whether any of the costs relate to works which are included in the external works specified in a group repair scheme, within the meaning of Chapter II of Pt I of the Housing Grants, Construction and Regeneration Act 1996 or any corresponding earlier enactment, in which the landlord participated or is participating as an assisted participant.

    (6) If the service charges in relation to which the costs are relevant costs as mentioned in subsection (1) are payable by the tenants of more than four dwellings, the summary shall be certified by a qualified accountant as:
    (a) in his opinion a fair summary complying with the requirements of subsection (5), and
    (b) being sufficiently supported by accounts, receipts and other documents which have been produced to him.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    #2
    Thanks to you (your secetary !) for typing this out, it is rather ridiculous when it is difficult for the lay person to get hold of an important piece of legislation. This will replace the rather scrappy looking jpg scans I currently have and used at an LVT, although the LVT did actually (and wrongly in my opinion) use the forthcoming and now ditched version to reach their decision in my case.

    Andy
    Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

    I do not accept any liability to you in relation to the advice given.

    It is always recommended you seek further advice from a solicitor or legal expert.

    Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

    Comment


      #3
      Here's an exchange of correspondence between me and National Archives re s.21:

      1. I wrote to them as follows:

      Legislation Enquiry- a complaint!

      I have just looked at your new website. I judged it by treatment of one of the banes of my life- s.21 of Landlord and Tenant Act 1985. What it shows is the 2008 wording amendments [not in force], the seventh version of this section. Even the 2002 wording amendments, the sixth version, are not in force. What it SHOULD show, on the other hand, is the fifth version and the 1996 wording amendments! So how do you propose to reduce this scope for errors? Please let me have your thoughts- it really ought to show what's actually in force, oughtn't it?


      2. And they replied to me as follows:

      Thank you for your enquiry concerning section 21 of the Landlord and Tenant Act 1985 (c. 70).

      First, thank you for pointing out an error in the revised version of this legislation. It appears that the effects of the Housing Grants, Construction and Regeneration Act 1996 (c. 53), Sch. 1 para. 12 on section 21 were missed (although I note that the effects of para. 11 of that Schedule on s. 20A of the 1985 Act were applied). I will arrange for this error to be corrected and the 1996 effects should appear correctly on the websites (both on www.legislation.gov.uk and the Statute Law Database website at www.statutelaw.gov.uk) within the next few days.

      Concerning your point about the 2002 and 2008 versions of section 21: this is not in fact an error but is a result of applying long-standing editorial policy in relation to textual amendments that are in force for certain purposes but are otherwise not yet in force. As I'm sure you realise, a new version of a provision in an item of revised legislation on our database is created whenever the text of the provision is amended. As long as the amendment is not in force at all, the new version is left without a start date and the version will appear on the website as prospective. If, however, the amendment is in force to any extent or for any purpose, a start date will be assigned and the limited nature of the commencement will be reflected in the annotation. In this case, both the 2002 and 2008 amendments have been brought into force for the purpose of making regulations, so the appropriate start dates have been entered and the annotations reflect the fact that the commencement in each case is for certain purposes only and the amendment is otherwise prospective.

      This policy regarding start dates is set out in the Help facility on the Statute Law Database website here: http://www.statutelaw.gov.uk/help/Start_date.htm and an example is given (second bullet point in the centre of the page) dealing with precisely this situation.

      I realise that this may not be an ideal solution. Other options have been considered in the past, such as presenting all versions that are in force or partly in force simultaneously (as I note that LexisNexis do). But, given the way legislation is structured on the database, this would be a technically difficult solution and, because the revised statutes on our websites (unlike LexisNexis) offer the facility to navigate though the versions, it has always been concluded that the current solution was to be preferred.


      So now you know why there's an error!
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        Jeffrey you really must not post these. Everytime I see this dribble I hurt my head banging it on the desk!

        Sorry Mr Shaw bit of an error, will put it right. Unfortunately our software cant handle all amendments, so we do what we prefer, and you will have to look to the private sector.Even though its us that write the Acts & Regs.

        Your wonderful Secretary is rather more capable. So lets downsize OPSI and your secretary can subscribe to LEXUS.

        But thanks for seeing it through
        Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

        Comment


          #5
          My Chief Secretary doesn't even drive, let alone own a Lexus.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Originally posted by jeffrey View Post
            My Chief Secretary doesn't even drive, let alone own a Lexus.
            Well start charging OPs for advice and you can buy her one, he/she clearly deserves it.

            Hope they see this
            Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

            Comment


              #7
              Originally posted by leaseholdanswers View Post
              Well start charging OPs for advice and you can buy her one, he/she clearly deserves it.

              Hope they see this
              Yes; I've obtained their authority to post it here and I've given them a link to this thread.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


                #8
                What about s21A?

                Hi Jeffrey

                I was wondering if you could help me with regard to he status of s21A of LTA 1985. I thought my book on service charge law showed which parts of the act are in force but I see that s21A and s21B have the same status according to it. However the books version of s21A refers to a subsection in the version of s21 that is not in force so I am confused.

                I am confident that s21B is in force because it is often discussed here. Am I right to be confident?

                My version of s21A(1)(b) refers to subsection 4 of s21 when it discusses the form and content of the tenants rights and obligations document that must accompany a service charge demand. This must be wrong because the version of s21 that is in force doesn't have a subsection 4.

                Is s21A in force?
                Use advice/information provided on a public forum at your own risk. If you wish to act with minimal risk then consult a lawyer.

                Comment


                  #9
                  Originally posted by leaseholder001 View Post
                  I was wondering if you could help me with regard to he status of s21A of LTA 1985. I thought my book on service charge law showed which parts of the act are in force but I see that s21A and s21B have the same status according to it. However the books version of s21A refers to a subsection in the version of s21 that is not in force so I am confused.

                  I am confident that s21B is in force because it is often discussed here. Am I right to be confident?

                  My version of s21A(1)(b) refers to subsection 4 of s21 when it discusses the form and content of the tenants rights and obligations document that must accompany a service charge demand. This must be wrong because the version of s21 that is in force doesn't have a subsection 4.

                  Is s21A in force?
                  For s.21(4) as currently in force, see post #1.

                  Both s.21A/21B were supposedly inserted by the 2002 Act [s.152/153 respectively].
                  However:
                  - s.21A (Withholding of service charges) might not yet be in force; I'm investigating.
                  - s.21B (Notice to accompany demands for service charges) is in force from 1 October 2007 and is unamended.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                    #10
                    Witholding service charges

                    Section 21A is in force in relation to section 21 where a regualtion is made.

                    So far for example we have the regulations to provide a summary of rights and obligations for SC and Admin charges. If these are not provided then the charge may be witheld.

                    1: The problem with text books is that they are (time limited) aids to understanding. They can never keep up with the legislation and statutory instruments, let alone case law precedents and LVT "decisions". Use them with caution...

                    2: There is no blanket right to withold, not a common sense one " if I am not happy I don't pay the bill".

                    If there is a concern LLZ members can suggest how to resolve the issue, or refer you to paid professional advice.
                    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                    Comment


                      #11
                      Originally posted by leaseholdanswers View Post
                      Section 21A is in force in relation to section 21 where a regualtion is made.
                      Don't you mean only that s.21A is in force so far as enabling regulations to be made but not otherwise?

                      Originally posted by leaseholdanswers View Post
                      So far for example we have the regulations to provide a summary of rights and obligations for SC and Admin charges.
                      Yes, under s.21B.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                        #12
                        Originally posted by jeffrey View Post
                        Don't you mean only that s.21A is in force so far as enabling regulations to be made but not otherwise?
                        Section 21 allows for regulations to be made. Section 21A allows you to withold service charge if a regulation ( or any of the rather nebulous reports form information etc to which it refers) is made and it is not complied with.

                        It is however intended for reforms that may or may not happen, even beyond the yet to be commenced sections of the CLRA 2002.

                        Just a muddle of an Act- ticked the box of the manifesto promise to reform leasehold for the voters. I need a cyncial emoticon....
                        Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                        Comment


                          #13
                          Thanks Jeffrey & Leaseholdanswers

                          Originally posted by leaseholdanswers View Post
                          Section 21 allows for regulations to be made. Section 21A allows you to withold service charge if a regulation ( or any of the rather nebulous reports form information etc to which it refers) is made and it is not complied with.
                          Are you sure s21 allows for regulations to be made? The proposed s21 referes to regulations but the "in force" s21 doesn't appear to.
                          Use advice/information provided on a public forum at your own risk. If you wish to act with minimal risk then consult a lawyer.

                          Comment


                            #14
                            Originally posted by leaseholder001 View Post
                            Thanks Jeffrey & Leaseholdanswers



                            Are you sure s21 allows for regulations to be made? The proposed s21 referes to regulations but the "in force" s21 doesn't appear to.
                            The legislation allows for secondary legislation in the form of statutory instruments, which in turn can appear in the form of regulations; See the wording " form and manner" in the Act and the general statement in legislation after an enabling Act "the SoS shall make regulations ..."
                            Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                            Comment


                              #15
                              Originally posted by leaseholdanswers View Post
                              The legislation allows for secondary legislation in the form of statutory instruments, which in turn can appear in the form of regulations; See the wording " form and manner" in the Act and the general statement in legislation after an enabling Act "the SoS shall make regulations ..."
                              You appear to be confusing s21B(2) with s21. This is specific to form and content of the summary of rights and obligations which can be updated by the Secretary of State.

                              Are you sure s21A is in force?

                              Jeffrey, please help!
                              Use advice/information provided on a public forum at your own risk. If you wish to act with minimal risk then consult a lawyer.

                              Comment

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