Application of section 20 to qualifying long term agreementsE+W
4.—(1) Section 20 shall apply to a qualifying long term agreement if relevant costs M1 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.
(2) In paragraph (1), “accounting period” means the period—
(a)beginning with the relevant date, and
(b)ending with the date that falls twelve months after the relevant date.
(3) [F1Subject to paragraph (3A), in] the case of the first accounting period, the relevant date is—
(a)if the relevant accounts are made up for periods of twelve months, the date on which the period that includes the date on which these Regulations come into force ends, or
(b)if the accounts are not so made up, the date on which these Regulations come into force.
[F2(3A) Where—
(a)a landlord intends to enter into a qualifying long term agreement on or after 12th November 2004; and
(b)he has not at any time between 31st October 2003 and 12th November 2004 made up accounts relating to service charges referable to a qualifying long term agreement and payable in respect of the dwellings to which the intended agreement is to relate,
the relevant date is the date on which begins the first period for which service charges referable to that intended agreement are payable under the terms of the leases of those dwellings.]
(4) In the case of subsequent accounting periods, the relevant date is the date immediately following the end of the previous accounting period.
Textual Amendments
F1Words in reg. 4(3) substituted (12.11.2004) by The Service Charges (Consultation Requirements) (Amendment) (No. 2) (England) Regulations 2004 (S.I. 2004/2939), regs. 1(1), 2(a)
F2Reg. 4(3A) inserted (12.11.2004) by The Service Charges (Consultation Requirements) (Amendment) (No. 2) (England) Regulations 2004 (S.I. 2004/2939), regs. 1(1), 2(b)
Marginal Citations
M1See section 18(2) of the Landlord and Tenant Act 1985.