Schedules

Schedule 8Remediation costs under qualifying leases etc

No service charge payable for defect for which landlord or associate responsible

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.