Moved by
Baroness Scott of Bybrook
68: Clause 51, page 60, line 19, at end insert—
“(7) The Landlord and Tenant Act 1987 (“the LTA 1987”) is amended in accordance with subsections (8) to (10).
(8) In the provisions referred to in subsection (9), in each place they occur—
(a) for “service charge” substitute “variable service charge”;
(b) for “service charges” substitute “variable service charges”.
(9) The provisions are—
(a) in section 24 (appointment of manager by tribunal), subsections (2) and (2A);
(b) in section 35 (application by party to lease for variation of lease), subsections (2) and (4);
(c) in section 42 (service charge contributions to be held in trust), the heading and subsections (1), (2), (3), (4), (6), and (8).
(10) In section 35(8), for ““service charge” has the meaning” substitute ““service charge” and “variable service charge” have the meaning”.
(11) In section 167 of the CLRA 2002 (failure to pay small amount for short period)—
(a) in subsection (1), for “service charges” substitute “variable service charges”;
(b) in subsection (5), for “service charge” substitute “variable service charge”.”
Member’s explanatory statement
This amendment would, in light of the amended definition of “service charges” in section 18 of the LTA 1985, make amendments to provisions in the LTA 1987 and CLRA 2002 that use that definition so that they refer to “variable service charges” (and accordingly preserve the current effect of those provisions).