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Changes over time for: Section 47


Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 04/02/1997.
Changes to legislation:
Housing Act 1985, Section 47 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation
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[47 Limitation of service charges.E+W
(1)Relevant costs shall be taken into account in determining the amount of a service charge payable for a period—
(a)only to the extent that they are reasonably incurred, and
(b)where they are incurred on the provision of services or the carrying out of works, only if the services or works are of a reasonable standard;
and the amount payable shall be limited accordingly.
(2)Where the service charge is payable before the relevant costs are incurred, no greater amount than is reasonable is so payable and after the relevant costs have been incurred any necessary adjustment shall be made by repayment, reduction of subsequent charges or otherwise.
(3)An agreement by the payer (other than an arbitration agreement within the meaning of [Part I of the Arbitration Act 1996]) is void in so far as it purports to provide for a determination in a particular manner or on particular evidence of any question—
(a)whether an amount payable before costs for services, repairs, maintenance, insurance or management are incurred is reasonable,
(b)whether such costs were reasonably incurred, or
(c)whether services or works for which costs were incurred are of a reasonable standard.
[(4)Where relevant costs are incurred or to be incurred on the carrying out of 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, &c. for renewal of private sector housing) or any corresponding earlier enactment], the amount of the grant shall be deducted from the costs and the amount of the service charge payable shall be reduced accordingly.]]
Textual Amendments
Modifications etc. (not altering text)
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