Schedules
Schedule 8Remediation costs under qualifying leases etc
I15Limit on service charge in other cases
1
A service charge which would otherwise be payable under a qualifying lease in respect of a relevant measure relating to any relevant defect is payable only if (and so far as) the sum of—
a
the amount of the service charge, and
b
the total amount of relevant service charges which fell due before the service charge fell due,
does not exceed the permitted maximum.
2
In this paragraph “relevant service charge” means a service charge under the lease in respect of a relevant measure relating to any relevant defect that—
a
fell due in the pre-commencement period, or
b
falls due after commencement.
3
In sub-paragraph (2) “the pre-commencement period” means the period—
a
beginning 5 years before commencement or, if later, on the day the relevant person became the tenant under the qualifying lease, and
b
ending with commencement.
“The relevant person” means the person who was the tenant under the qualifying lease at commencement.
4
In this paragraph—
“commencement” means the time this paragraph comes into force;
“the permitted maximum”: see paragraph 6.