Service charges
C1C227AF1 Liability to pay service charges: jurisdiction
1
An application may be made to a leasehold valuation tribunal for a determination whether a service charge is payable and, if it is, as to—
a
the person by whom it is payable,
b
the person to whom it is payable,
c
the amount which is payable,
d
the date at or by which it is payable, and
e
the manner in which it is payable.
2
Subsection (1) applies whether or not any payment has been made.
C33
An application may also be made to a leasehold valuation tribunal for a determination whether, if costs were incurred for services, repairs, maintenance, improvements, insurance or management of any specified description, a service charge would be payable for the costs and, if it would, as to—
a
the person by whom it would be payable,
b
the person to whom it would be payable,
c
the amount which would be payable,
d
the date at or by which it would be payable, and
e
the manner in which it would be payable.
4
No application under subsection (1) or (3) may be made in respect of a matter which—
a
has been agreed or admitted by the tenant,
b
has been, or is to be, referred to arbitration pursuant to a post-dispute arbitration agreement to which the tenant is a party,
c
has been the subject of determination by a court, or
d
has been the subject of determination by an arbitral tribunal pursuant to a post-dispute arbitration agreement.
5
But the tenant is not to be taken to have agreed or admitted any matter by reason only of having made any payment.
6
An agreement by the tenant of a dwelling (other than a post-dispute arbitration agreement) is void in so far as it purports to provide for a determination—
a
in a particular manner, or
b
on particular evidence,
of any question which may be the subject of an application under subsection (1) or (3).
7
The jurisdiction conferred on a leasehold valuation tribunal in respect of any matter by virtue of this section is in addition to any jurisdiction of a court in respect of the matter.