LTA 1985 s. 30

Meaning of landlord, tenant, services LTA 1985 s. 30

LTA 1985 s. 30 defines landlord, tenant, and services for service charge rules, extending protection to sub-tenants and covering building safety measures.

Official text LTA 1985 s. 30 — United Kingdom

In the provisions of this Act relating to service charges— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ landlord ” includes any person who has a right to enforce payment of a service charge; “ services ” includes, in relation to a dwelling in a higher-risk building (as defined by section 30I ), building safety measures within the meaning of section 30D; “ tenant ” includes a statutory tenant, and where the dwelling or part of it is sub-let, the sub-tenant.

Text in force at .

Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.

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What it actually says

Section 30 expands the definitions of landlord, tenant, and services specifically for the statutory provisions that govern service charges. Under this section, a landlord is not limited to the direct property owner or freeholder; it includes any entity that has the legal right to enforce payment of a service charge, such as a resident management company.

A tenant includes a statutory tenant remaining in possession after a fixed term, as well as a sub-tenant where the property or part of it has been sub-let. This ensures sub-tenants fall within the scope of service charge rules.

Where a dwelling is located in a higher-risk building, services extends to building safety measures as defined under section 30D.

When it applies

  • A resident management company that does not own the freehold issues a service charge demand directly to a leaseholder.
  • A sub-tenant receives a service charge demand under a sublease and relies on statutory service charge protections.
  • A property manager includes the costs of mandated building safety measures in the service charge for a higher-risk block of flats.

What this section does not say

  • Determining whether a specific service charge is reasonable or payable, which is governed by section 27A.
  • Defining what constitutes a higher-risk building, which is set out under section 30I.
  • Defining landlord or tenant status for tenancy disputes that do not involve service charges.

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This page reproduces the text of LTA 1985 s. 30 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.

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