Service charge information regulations LTA 1985 s. 21
Authorises regulations requiring landlords to provide service charge information and a qualified report to tenants. Covers England and Wales.
The appropriate national authority may make regulations about the provision, by landlords of dwellings to each tenant by whom service charges are payable, of information about service charges. The regulations must, subject to any exceptions provided for in the regulations, require the landlord to provide information about— the service charges of the tenant, any associated service charges, and relevant costs relating to service charges falling within paragraph (a) or (b). The regulations must, subject to any exceptions provided for in the regulations, require the landlord to provide the tenant with a report by a qualified person on information which the landlord is required to provide by virtue of this section. The regulations may make provision about— information to be provided by virtue of subsection (2), other information to be provided (whether in pursuance of a requirement or otherwise), reports of the kind mentioned in subsection (3), the period or periods in relation to which information or reports are to be provided, the times at or by which information or reports are to be provided, the form and manner in which information or reports are to be provided (including in particular whether information is to be contained in a statement of account), the descriptions of persons who are to be qualified persons for the purposes of subsection (3). Subsections (2) to (4) do not limit the scope of the power conferred by subsection (1). Regulations under this section may— make different provision for different cases or descriptions of case or for different purposes, contain such supplementary, incidental, consequential, transitional, transitory or saving provision as the appropriate national authority considers appropriate. In particular, regulations which make provision about higher-risk buildings (within the meaning of Part 4 of the Building Safety Act 2022) or relevant buildings (as defined by section 117 of that Act) need not contain provision of a kind mentioned in subsection (2) or (3). Regulations under this section are to be made by statutory instrument which, subject to subsections (8) and (9)— in the case of regulations made by the Secretary of State, is to be subject to annulment in pursuance of a resolution of either House of Parliament, and in the case of regulations made by the Welsh Ministers, is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales. The Secretary of State may not make a statutory instrument containing the first regulations made by the Secretary of State under this section unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. The Welsh Ministers may not make a statutory instrument containing the first regulations made by the Welsh Ministers under this section unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. In this section— “the appropriate national authority”— in relation to England, means the Secretary of State, and in relation to Wales, means the Welsh Ministers, “ associated service charges ”, in relation to a tenant by whom a contribution to relevant costs is payable as a service charge, means service charges of other tenants so far as relating to the same costs.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section gives the Secretary of State (for England) and the Welsh Ministers (for Wales) the power to make regulations that require landlords to give tenants information about service charges.
The regulations must require the landlord to provide information about the tenant's own service charges, any associated service charges (service charges of other tenants relating to the same costs), and relevant costs as defined in section 18. The regulations must also require a report by a qualified person on that information.
The regulations can specify the form, timing, and other details. The first regulations made under this section need to be approved by Parliament or the Welsh Assembly; later regulations are subject to annulment.
When it applies
- A tenant asks their landlord for a yearly breakdown of service charges; regulations may require the landlord to provide it.
- A tenant wants a qualified accountant's report on the service charge accounts; regulations may mandate such a report.
- A landlord prepares a service charge statement and needs to know what information to include; regulations set out the requirements.
- A tenant disputes service charges because they have not received any information; regulations under this section govern what must be given.
- A tenant requests information about service charges of other tenants in the same building (associated service charges); regulations may require disclosure.
What this section does not say
- This section does not itself require any information to be provided; it only gives power to make regulations.
- This section does not set a limit on service charges (see section 19 for reasonableness).
- This section does not define what a service charge is (see section 18).
- This section does not create a criminal offence for failing to provide information (see section 25).
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This page reproduces the text of LTA 1985 s. 21 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.