2(1)This paragraph applies in relation to a lease of any premises in a relevant building.
(2)No service charge is payable under the lease in respect of a relevant measure relating to a relevant defect if a relevant landlord—
(a)is responsible for the relevant defect, or
(b)is associated with a person responsible for a relevant defect.
(3)For the purposes of this paragraph a person is “responsible for” a relevant defect if—
(a)in the case of an initial defect, the person was, or was in a joint venture with, the developer or undertook or commissioned works relating to the defect;
(b)in any other case, the person undertook or commissioned works relating to the defect.
(4)In this paragraph—
“developer” means a person who undertook or commissioned the construction or conversion of the building (or part of the building) with a view to granting or disposing of interests in the building or parts of it;
“initial defect” means a defect which is a relevant defect by virtue of section 120(3)(a);
“relevant landlord” means the landlord under the lease at the qualifying time or any superior landlord at that time.
Modifications etc. (not altering text)
C1Sch. 8 para. 2 modified (20.7.2022) by The Building Safety (Leaseholder Protections) (England) Regulations 2022 (S.I. 2022/711), regs. 1(1), 10
Commencement Information
I1Sch. 8 para. 2 in force at 28.6.2022, see s. 170(3)(a)