2.—(1) Subject to paragraph (2), a registered social landlord may make in favour of itself a charge (“a repayment charge”) to recover a sum which—
(a)the registered social landlord is entitled to recover from an owner of a flat in a tenement; and
(b)represents the owner’s share of scheme costs as determined in accordance with section 4A(3) of the 2004 Act.
(2) Paragraph (1) applies only where—
(a)the registered social landlord—
(i)is the owner of at least one flat in the tenement; and
(ii)has paid an owner’s share of scheme costs by enforcing a scheme decision under rule 8.3 (enforceability of scheme decisions) of schedule 1 of the 2004 Act; and
(b)the scheme costs are incurred as a result of a scheme decision in relation to any matter mentioned in rule 3.1 (basic scheme decisions) of schedule 1 of the 2004 Act, except costs for a common policy of insurance mentioned in rule 3.1(e).