Part 2Leasehold reform
C1Chapter 1Right to manage
Acquisition of right
I194 Duty to pay accrued uncommitted service charges
1
Where the right to manage premises is to be acquired by a RTM company, a person who is—
a
landlord under a lease of the whole or any part of the premises,
b
party to such a lease otherwise than as landlord or tenant, or
c
a manager appointed under Part 2 of the 1987 Act to act in relation to the premises, or any premises containing or contained in the premises,
must make to the company a payment equal to the amount of any accrued uncommitted service charges held by him on the acquisition date.
2
The amount of any accrued uncommitted service charges is the aggregate of—
a
any sums which have been paid to the person by way of service charges in respect of the premises, and
b
any investments which represent such sums (and any income which has accrued on them),
less so much (if any) of that amount as is required to meet the costs incurred before the acquisition date in connection with the matters for which the service charges were payable.
3
He or the RTM company may make an application to a leasehold valuation tribunal to determine the amount of any payment which falls to be made under this section.
4
The duty imposed by this section must be complied with on the acquisition date or as soon after that date as is reasonably practicable.
Pt. 2 Ch. 1: power to amend conferred (20.1.2007 for specified purposes, otherwise 1.10.2009) by Companies Act 2006 (c. 46), ss. 1181(1)(b), 1300(2); S.I. 2006/3428, art. 3(3) (with arts. 5, 6, 8, Schs. 1, 5); S.I. 2008/2860, art. 3(v) (with arts. 5, 7, 8, Sch. 2)