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—