Schedules
Schedule 8Remediation costs under qualifying leases etc
I19No service charge payable for legal or professional services relating to liability for relevant defects
1
No service charge is payable under a qualifying lease in respect of legal or other professional services relating to the liability (or potential liability) of any person incurred as a result of a relevant defect.
F11A
Sub-paragraph (1) does not apply to the extent that the service charge is payable to a management company in respect of legal or other professional services provided to the company in connection with an application or possible application by the company for or relating to a remediation contribution order under section 124.
2
In this paragraph the reference to services includes services provided in connection with—
a
obtaining legal advice,
b
any proceedings before a court or tribunal,
c
arbitration, or
d
mediation.
F23
In sub-paragraph (1A) “management company” means—
a
a resident management company, or
b
an RTM company within the meaning of Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (right to manage).
4
“Resident management company” means a body corporate which is party to a lease of a building where—
a
the body corporate is limited by guarantee and the members of that body are tenants under leases of dwellings in the building (“leaseholders”), or
b
the majority of the shares of the body corporate are held by leaseholders.