Failure to comply with s.21-23 an offence LTA 1985 s.25
Failing s.21, 22, or 23 duties is a summary offence with fine up to level 4. Exceptions: Welsh local authorities and registered social landlords.
It is a summary offence for a person to fail, without reasonable excuse, to perform a duty imposed on him by section 21, 22 or 23. A person committing such an offence is liable on conviction to a fine not exceeding level 4 on the standard scale. Subsection (1) does not apply where the person is— a local authority for an area in Wales, or a registered social landlord.
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 makes it a criminal offence to fail to perform the duties imposed by sections 21, 22, or 23 of the Landlord and Tenant Act 1985, unless the person has a reasonable excuse for the failure.
The offence is a summary offence, meaning it is tried in the magistrates' court, and the maximum penalty is a fine not exceeding level 4 on the standard scale.
The offence does not apply to a local authority for an area in Wales or to a registered social landlord.
When it applies
- A landlord fails to give a tenant a written summary of service charges for the previous year under section 21.
- A tenant requests to inspect the accounts and receipts supporting the service charges under section 22, and the landlord refuses without reasonable excuse.
- A superior landlord does not provide information requested by a tenant through the tenant's immediate landlord under section 23.
- A landlord ignores a request for service charge information without any reasonable justification.
What this section does not say
- This section does not govern the amount of service charges or whether they are reasonable.
- It does not cover failure to comply with consultation requirements under section 20.
- It does not apply to local authorities in Wales or registered social landlords.
- It does not provide a mechanism for tenants to withhold service charges (that is under section 21A).
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This page reproduces the text of LTA 1985 s. 25 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.