Schedules
Schedule 8Remediation costs under qualifying leases etc
2No service charge payable for defect for which landlord or associate responsible
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.