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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.
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