94 Duty to pay accrued uncommitted service chargesE+W
(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 [F1the appropriate 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.
Textual Amendments
F1Words in s. 94(3) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 136 (with Sch. 3)
Commencement Information
I1S. 94 wholly in force at 30.3.2004; s. 94 not in force at Royal Assent see s. 181(1); s. 94 wholly in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(a); s. 94 wholly in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(a)