Exception for rent registered dwellings: LTA 1985 s.27
Service charges for rent-registered dwellings are exempt from sections 18-25 unless the registered rent is entered as variable (Rent Act 1977 s.71(4)).
Sections 18 to 25 (limitation on service charges and requests for information about costs) do no apply to a service charge payable by the tenant of a dwelling the rent of which is registered under Part IV of the Rent Act 1977, unless the amount registered is, in pursuance of section 71(4) of that Act, entered as a variable amount.
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 creates an exception to the service charge limitation rules in sections 18-25 of the Landlord and Tenant Act 1985. It says those rules do not apply to a service charge payable by a tenant of a dwelling whose rent is registered under Part IV of the Rent Act 1977.
But there is a crucial condition: if the registered rent is entered as a variable amount under section 71(4) of the Rent Act 1977, then the exception does not apply, and the limitation rules do apply. In other words, the limitation rules only apply to rent-registered dwellings if the rent is recorded as variable.
When it applies
- A tenant with a fixed registered rent under Rent Act 1977 Part IV is charged a service fee for building repairs and the landlord says the limitation rules don't apply.
- A tenant whose registered rent was entered as variable under s.71(4) is charged a service charge that exceeds the usual limits and wants to rely on sections 18-25.
- A landlord of a rent-registered flat wants to avoid providing service charge information under s.21 and checks whether the rent is registered as variable.
- A tenant in a rent-controlled property receives a service charge demand without the required notice and wonders if the limitation rules apply.
What this section does not say
- This section does not cover service charges for dwellings where the rent is not registered under Rent Act 1977 Part IV (e.g., assured shorthold tenancies).
- It does not determine whether a service charge is reasonable or valid; only whether the limitation rules in sections 18-25 apply.
- It does not apply to commercial premises or to dwellings with social housing tenancies under other schemes.
- It does not give a right to withhold service charges; that is dealt with in s.21A.
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This page reproduces the text of LTA 1985 s. 27 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.