Property Service Charges Act 1989

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AT 14 of 1989

PROPERTY SERVICE CHARGES ACT 1989

Property Service Charges Act 1989 Index


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PROPERTY SERVICE CHARGES ACT 1989

Index Section Page

1 Meaning of “service charge” etc ................................................................................... 5
2 Reasonableness of service charges ............................................................................... 5
3 Estimates and consultation ............................................................................................ 7
4 Time-limit for demands ................................................................................................. 9
5 Limitation of service charges: costs of proceedings ................................................... 9
6 Request for summary of expenses ................................................................................ 9
7 Request to inspect accounts etc ................................................................................... 11
8 Information held by superior landlord ...................................................................... 11
9 Effect of assignment ..................................................................................................... 12
9A Restriction on termination of tenancy for failure to pay service charge ............... 12
9B Notice under s 11 of 1954 Act ...................................................................................... 13
10 Insurance ........................................................................................................................ 13
10A Right to appoint surveyor to advise on matters relating to service charges ........ 13
10B Transfer of cases from High Court ............................................................................. 14
10C Appointment of manager of flats ............................................................................... 14
11 Contributions to be held in trust ................................................................................ 15
11A Charging order in respect of property liable for service charge ............................ 16
12 Offences .......................................................................................................................... 16
12A Offence by body corporate, etc ................................................................................... 17
13 Interpretation ................................................................................................................. 18
14 Short title and commencement ................................................................................... 19
SCHEDULE 1 21

RIGHTS OF TENANTS WITH RESPECT TO INSURANCE 21
SCHEDULE 2 25

RIGHTS EXERCISABLE BY SURVEYOR APPOINTED BY TENANTS’
ASSOCIATION 25
SCHEDULE 3 29

APPOINTMENT OF MANAGERS OF FLATS 29
Index Property Service Charges Act 1989


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ENDNOTES 35

TABLE OF LEGISLATION HISTORY 35
TABLE OF RENUMBERED PROVISIONS 35
TABLE OF ENDNOTE REFERENCES 35

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c i e
PROPERTY SERVICE CHARGES ACT 1989

Received Royal Assent: 12 December 1989
Passed: 12 December 1989
Commenced: 12 December 1989
AN ACT
to amend the law relating to service charges payable by tenants of
dwellings.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Criminal
Justice (Penalties, Etc.) Act 1993 s 1.
1 Meaning of “service charge” etc

[P1985/70/18]
(1) For the purposes of this Act, a “service charge
” is an amount payable by
the tenant of a dwelling as part of or in addition to the rent —
(a) which is payable, directly or indirectly, for services, repairs,
maintenance or insurance or the landlord’s expenses of
management; and
(b) the whole or part of which varies or may vary according to the
relevant expenses.
(2) In this Act “relevant expenses
” are the expenses or estimated expenses
(including overheads) incurred or to be incurred in any period by or on
behalf of the landlord or a superior landlord in connection with the
matters for which the service charge is payable whether they are
incurred or to be incurred in the period for which the service charge is
payable or an earlier or later period.
2 Reasonableness of service charges

[P1985/70/19; P1996/52/83]
(1) Relevant expenses shall be taken into account in determining the amount
of a service charge payable for a period —
(a) only to the extent that they are reasonably incurred; and
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(b) where they are incurred on the provision of services or the
carrying out of works, only if the services or works are of a
reasonable standard;
and the amount payable shall be limited accordingly.
(2) Where a service charge is payable before the relevant expenses are
incurred, no greater amount than is reasonable is so payable, and after
the relevant expenses have been incurred any necessary adjustment shall
be made by repayment, reduction of subsequent charges or otherwise.
(2A) A tenant by whom, or a landlord to whom, a service charge is alleged to
be payable may apply to the Commissioners for a determination —
(a) whether expenses incurred for services, repairs, maintenance,
insurance or management were reasonably incurred,
(b) whether services or works for which expenses were incurred are
of a reasonable standard, or
(c) whether an amount payable before expenses are incurred is
reasonable.1

(2B) An application may also be made to the Commissioners by a tenant by
whom, or a landlord to whom, a service charge may be payable for a
determination —
(a) whether if expenses were incurred for services, repairs,
maintenance, insurance or management of any specified
description they would be reasonable,
(b) whether services provided or works carried out to a particular
specification would be of a reasonable standard, or
(c) what amount payable before expenses are incurred would be
reasonable.2

(2C) No application under subsection (2A) or (2B) may be made in respect of a
matter which —
(a) has been agreed or admitted by the tenant,
(b) under an arbitration agreement to which the tenant is a party is to
be referred to arbitration, or
(c) has been the subject of determination by a court or arbitrator.3

(3) An agreement by the tenant of a dwelling (other than an agreement to
submit differences to arbitration) is void in so far as it purports to
provide for a determination in a particular manner, or on particular
evidence, of any question —
(a) whether expenses incurred for services, repairs, maintenance,
insurance or management were reasonably incurred,
(b) whether services or works for which expenses were incurred are
of a reasonable standard, or
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(c) whether an amount payable before expenses were incurred is
reasonable.
3 Estimates and consultation

[P1985/70/20]
(1) Where relevant expenses incurred in the carrying out of any works
(whether on a building or elsewhere), to the expenses of which the tenant
may be required under the terms of his lease to contribute by the
payment of a service charge, exceed the limit specified in subsection (2),
the excess shall not be taken into account in determining the amount of a
service charge unless —
(a) the relevant requirements as to estimates and consultation have
been complied with, or
(b) those requirements have been dispensed with by the High Court
or the Commissioners in accordance with subsection (6).4

(2) The limit is whichever is the greater of —
(a) £50 (or such other amount as may be prescribed by order of the
Department) multiplied by the number of dwellings let to the
tenants concerned, or
(b) £1,000 (or such other amount as may be so prescribed).
(3) The relevant requirements, in the case of such of the tenants concerned as
are not represented by a recognised tenants’ association, are —
(a) at least 2 estimates for the works shall be obtained, one of them
from a person wholly unconnected with the landlord;
(b) a notice accompanied by a copy of the estimates shall be given to
each of those tenants or shall be displayed in one or more places
where it is likely to come to the notice of all of them;
(c) the notice shall describe the works to be carried out and invite
representations on them and on the estimates, and shall state the
name and address in the Island of the person to whom the
representations may be sent and the date by which they are to be
received;
(d) the date stated in the notice shall not be earlier than one month
after the date on which it is given or displayed as required by
paragraph (b);
(e) the landlord shall have regard to any representations received in
pursuance of the notice and, unless the works are urgently
required, they shall not be begun earlier than the date stated in
the notice.
(4) The relevant requirements, in the case of such of the tenants concerned as
are represented by a recognised tenants’ association, are —
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(a) the landlord shall give to the secretary of the association a notice
containing a detailed specification of the works and specifying a
reasonable period within which the association may propose to
the landlord the names of one or more persons from whom
estimates for the works should in its view be obtained by the
landlord;
(b) at least 2 estimates for the works shall be obtained, one of them
from a person wholly unconnected with the landlord;
(c) a copy of each of the estimates shall be given to the secretary of
the association;
(d) a notice shall be given to each of the tenants concerned who are
represented by the association —
(i) describing briefly the works to be carried out and
informing the tenant that he has the right to inspect and
take copies of a detailed specification of the works;
(ii) (unless it is accompanied by a copy of the estimates)
summarising the estimates and informing the tenant that
he has the right to inspect and take copies of them;
(iii) inviting representation on those works and on the
estimates, and
(iv) specifying the name and address in the Island of the
person to whom the representations may be sent and the
date by which they are to be received;
(e) the date stated in the notice shall not be earlier than one month
after the date on which it is given as required by paragraph (d);
(f) if any tenant to whom the notice is given so requests, the landlord
shall afford him reasonable facilities for inspecting a detailed
specification of the works and the estimates, free of charge, and
for taking copies of them on payment of such reasonable charge
as the landlord may determine;
(g) the landlord shall have regard to any representations received in
pursuance of the notice and, unless the works are urgently
required, they shall not be begun earlier than the date stated in
the notice.
(5) In this section the tenants concerned are all the landlord’s tenants who
may be required under the terms of their leases to contribute to the
expenses of the works in question by the payment of service charges.
(6) In any proceedings relating to a service charge the High Court or the
Commissioners, if satisfied that the landlord acted reasonably, may
dispense with all or any of the relevant requirements.5

(7) An order under subsection (2)(a) or (b) shall not have effect unless it is
approved by Tynwald.
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4 Time-limit for demands

[P1985/70/20B; P1987/31/2/4]
(1) If any of the relevant expenses to be taken into account in determining
the amount of any service charge were incurred more than 18 months
before a demand for payment of the service charge is served on the
tenant, the tenant shall not be liable to pay so much of the service charge
as reflects the expenses so incurred.
(2) Subsection (1) does not apply if, within the period of 18 months
beginning with the date when the expenses in question were incurred,
the tenant was notified in writing that they had been incurred and that
he would subsequently be required under the terms of his lease to
contribute to them by the payment of a service charge.
5 Limitation of service charges: costs of proceedings

(1) A tenant may make an application for an order that all or any of the costs
incurred, or to be incurred, by the landlord in connection with
proceedings before the High Court or the Commissioners, or in
connection with arbitration proceedings, are not to be regarded as
relevant expenses to be taken into account in determining the amount of
any service charge payable by the tenant or any other person or persons
specified in the application.
(2) The application shall be made —
(a) in the case of proceedings in the High Court, to the court;
(b) in the case of proceedings before the Commissioners, to the
Commissioners;
(c) in the case of arbitration proceedings, to the arbitrator or, if the
application is made after the proceedings are concluded, to the
High Court.
(3) The court or tribunal to which the application is made may make such
order on the application as it considers just and equitable in the
circumstances.6

6 Request for summary of expenses

[P1985/70/21; P1987/31/2/5]
(1) A tenant may request the landlord in writing to supply him with a
written summary of the expenses incurred —
(a) if the relevant accounts are made up for periods of 12 months, the
last such period ending not later than the date of the request; and
(b) if the accounts are not so made up, in the period of 12 months
ending with the date of the request,
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and which are relevant expenses in relation to the service charges
payable or demanded as payable in that or any other period.
(2) If the tenant is represented by a recognised tenants’ association and he
consents, the request may be made by the secretary of the association
instead of by the tenant, and may then be for the supply of the summary
to the secretary.
(3) A request is duly served on a landlord if it is served on —
(a) any agent of the landlord named as such in the rent book or
similar document, or
(b) the person who receives the rent on behalf of the landlord;
and a person on whom a request is so served shall forward it as soon as
may be to the landlord.
(4) The landlord shall comply with the request within one month of the
request or within 6 months of the end of the period referred to in
subsection (1)(a) or (b), whichever is the later.
(5) The summary shall set out those expenses in a way showing how they
have been or will be reflected in demands for service charges and, in
addition, shall summarise each of the following items —
(a) any of the expenses in respect of which no demand for payment
was received by the landlord within the period referred to in
subsection (1)(a) or (b),
(b) any of the expenses in respect of which a demand for payment
was so received, but no payment was made by the landlord
within that period, and
(c) any of the expenses in respect of which a demand for payment
was so received and payment was made by the landlord within
that period,
and specify the total of any amounts received by the landlord down to
the end of that period on account of service charges in respect of relevant
dwellings and still standing to the credit of their tenants at the end of
that period.
(6) In subsection (5) “relevant dwellings” means the dwellings whose
tenants are obliged by the terms of their leases to contribute to the same
relevant expenses as those to which the tenant by whom or with whose
consent the request was made is obliged to contribute.
(7) If the service charges in relation to which the expenses are relevant
expenses as mentioned in subsection (1) are payable by the tenants of
more than 4 dwellings, the summary must be certified by a qualified
accountant —
(a) as in his opinion a fair summary complying with the requirements
of subsection (5), and
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(b) as being sufficiently supported by accounts, receipts and other
documents which have been produced to him.
7 Request to inspect accounts etc

[P1985/70/22; P1987/31/2/6]
(1) This section applies where a tenant or the secretary of a recognised
tenants’ association has obtained such a summary as is referred to in
section 6(1) (whether in pursuance of section 6(1) or (2) or otherwise).
(2) The tenant, or the secretary with the consent of the tenant, may within 6
months of obtaining it require the landlord in writing to afford him, or a
person authorised by him in writing on his behalf, reasonable facilities
for inspecting the accounts, receipts and other documents supporting the
summary, and for taking copies or extracts from them.
(3) A request under this section is duly served on a landlord if it is
served on —
(a) any agent of the landlord named as such in the rent book or
similar document, or
(b) the person who receives the rent on behalf of the landlord;
and a person on whom a request is so served shall forward it as soon as
may be to the landlord.
(4) The landlord shall make such facilities available to the tenant or secretary
or authorised person for a period of 2 months beginning not later than
one month after the request is made and —
(a) in the case of facilities for inspecting documents, free of charge,
and
(b) in the case of facilities for taking copies or extracts, on payment of
such reasonable charge (if any) as the landlord determines.
(5) Subsection (4)(a) does not prevent the landlord treating the expense of
providing the facilities as part of his expenses of management.
8 Information held by superior landlord

[P1985/70/23]
(1) If a request under section 6 relates in whole or in part to relevant
expenses incurred by or on behalf of a superior landlord, and the
landlord to whom the request is made is not in possession of the relevant
information —
(a) he shall in turn make a written request for the relevant
information to the person who is his landlord (and so on if that
person is not himself the superior landlord) and the superior
landlord shall then comply with the request within a reasonable
time; and
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(b) the immediate landlord shall comply with the tenant’s or
secretary’s request, or that part of it which relates to the relevant
expenses incurred by or on behalf of the superior landlord, within
the time allowed by section 6 or within such further time, if any,
as is reasonable in the circumstances.
(2) If a request made under section 7 relates to a summary of expenses
incurred or to be incurred by or on behalf of a superior landlord, the
landlord to whom the request is made shall forthwith inform the tenant
or secretary of that fact and of the name and address of the superior
landlord, and section 7 shall then apply as if the superior landlord were
the immediate landlord.
9 Effect of assignment

[P1985/70/24]
The assignment of a tenancy shall not affect the validity of a request made
under section 6, 7 or 8 before the assignment, but a person is not obliged to
provide a summary or make facilities available more than once for the same
dwelling and for the same period.
9A Restriction on termination of tenancy for failure to pay service charge

[P1996/52/81]
(1) A landlord may not, in relation to premises let as a dwelling, exercise a
right of re-entry or forfeiture for failure to pay a service charge unless the
amount of the service charge —
(a) is agreed or admitted by the tenant, or
(b) has been the subject of determination by a court or by an
arbitrator in proceedings pursuant to an arbitration agreement
(within the meaning of the Arbitration Act 1976).
(2) Where the amount is the subject of determination, the landlord may not
exercise any such right of re-entry or forfeiture until after the end of the
period of 14 days beginning with the day after that on which the decision
of the court or arbitrator is given.
(3) For the purposes of this section the amount of a service charge shall be
taken to be determined when the decision of the court or arbitrator is
given, notwithstanding the possibility of an appeal or other legal
challenge to the decision.
(4) The reference in subsection (1) to premises let as a dwelling does not
include premises let on —
(a) a tenancy to which the Tenancy of Business Premises Act 1971
applies, or
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(b) a tenancy of an agricultural holding within the meaning of the
Agricultural Holdings Act 1969 in relation to which that Act
applies; or7

(c) a farm business tenancy (within the meaning of the Agricultural
Tenancies Act 2008).8

(5) Nothing in this section affects the exercise of a right of re-entry or
forfeiture on other grounds.9

9B Notice under s 11 of 1954 Act

[P1996/52/82]
(1) Nothing in section 9A affects the power of a landlord to serve a notice
under section 11(1) of the Conveyancing (Leases and Tenancies) Act 1954
(notice of breach of covenant or condition), but such a notice in respect of
premises let as a dwelling and failure to pay a service charge is
ineffective unless it complies with the following requirements —
(a) it must state that section 9A applies and set out the effect of
section 9A(1);
(b) the information or words required must be in characters not less
conspicuous than those used in the notice —
(i) to indicate that the tenancy may be forfeited, or
(ii) to specify the breach complained of,
whichever is the more conspicuous.
(2) In this section “premises let as a dwelling” has the same meaning as in
section 9A.10

10 Insurance

[P1985/70/30A; P1987/31/43]
Schedule 1 shall have effect for the purpose of conferring rights on tenants with
respect to the insurance of their dwellings.11

10A Right to appoint surveyor to advise on matters relating to service

charges

[P1996/52/84]
(1) A recognised tenants’ association may appoint a surveyor for the
purposes of this section to advise on any matters relating to, or which
may give rise to, service charges payable to a landlord by one or more
members of the association.
(2) Schedule 2 shall have effect for the purpose of conferring on a surveyor
so appointed rights of access to documents and premises.
(3) A person shall not be so appointed unless —
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(a) he is a fellow or professional associate of the Royal Institution of
Chartered Surveyors or of the Incorporated Society of Valuers and
Auctioneers, or
(b) he satisfies such other requirement or requirements as may be
prescribed by regulations made by the Department.
(4) The appointment shall take effect for the purposes of this section upon
notice in writing being given to the landlord by the association stating
the name and address of the surveyor, the duration of his appointment
and the matters in respect of which he is appointed.
(5) An appointment shall cease to have effect for the purposes of this section
if the association gives notice in writing to the landlord to that effect or if
the association ceases to exist.
(6) A notice is duly given under this section to a landlord of any tenants if it
is given to a person who receives on behalf of the landlord the rent
payable by those tenants; and a person to whom such a notice is so given
shall forward it as soon as may be to the landlord.
(7) Regulations under subsection (3)(b) shall not have effect unless they are
approved by Tynwald.12

10B Transfer of cases from High Court

[P1985/70/31C; P1996/52/83]
(1) Where in any proceedings before the High Court there falls for
determination a question falling within the jurisdiction of the
Commissioners under this Act, the court —
(a) may by order transfer to the Commissioners so much of the
proceedings as relate to the determination of that question, and
(b) may then dispose of all or any remaining proceedings, or adjourn
the disposal of all or any of such proceedings, pending the
determination of that question by the Commissioners, as it thinks
fit.
(2) When the Commissioners have determined the question, the High Court
may give effect to the determination in an order of the court.
(3) Any such order shall be treated as a determination by the court for the
purposes of section 9A.13

10C Appointment of manager of flats

Schedule 3 shall have effect for the purpose of conferring rights on tenants of
flats to apply for the appointment of a manager of the premises of which the
flats form part.14

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11 Contributions to be held in trust

(1) This section applies where the tenants of 2 or more dwellings (“the
contributing tenants”) may be required under the terms of their leases to
contribute to the same expenses by the payment of service charges
(“relevant service charges”).
(2) Any sums paid to or on account of the landlord by way of such charges,
and any investments representing those sums, shall (together with any
income accruing thereof) be held either as a single fund or, if the
landlord thinks fit, in two or more separate funds.
(3) Any fund mentioned in subsection (2) shall be held —
(a) on trust to defray expenses incurred in connection with the
matters for which the relevant service charges were payable
(whether incurred by the landlord or any other person), and
(b) subject to that, on trust for the persons who are the contributing
tenants for the time being.
(4) Subject to subsections (6) to (8), the contributing tenants shall be treated
as entitled by virtue of subsection (3)(b) to such shares in the residue of
any such fund as are proportionate to their respective liabilities to pay
the relevant service charges.
(5) If the Department by order so provides, any sums standing to the credit
of any such fund may, instead of being invested in any other manner
prescribed by law, be invested in such manner as may be specified in the
order.
(6) On the termination of the lease of a contributing tenant, he shall not be
entitled to any part of such fund, and (except where subsection (7)
applies) any part of any such fund which is attributable to relevant
service charges paid under the lease shall accordingly continue to be held
on the trusts referred to in subsection (3).
(7) If after the termination of any such lease there are no longer any
contributing tenants, any such funds shall be dissolved as at the date of
the termination of the lease, and any assets comprised in the fund
immediately before its dissolution shall be held for the use and benefit of
the landlord.
(8) Subsections (4), (6) and (7) have effect in relation to a contributing tenant
subject to any express terms of his lease which relate to the distribution,
either before or at the termination of the lease, as the case may be, of
amounts attributable to relevant service charges paid under its terms,
whether the lease was granted before or after the commencement of this
Act.
(9) Subject to subsection (8), this section prevails over the terms of any
express or implied trust created by a lease so far as inconsistent with
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those provisions, other than an express trust so created before the
commencement of this Act.
11A Charging order in respect of property liable for service charge

(1) Where a service charge is or will become payable to a landlord in respect
of a dwelling, the landlord may apply to the High Court for an order (a
“charging order”) in respect of the dwelling, imposing on the interest in
the dwelling of the tenant by whom it is or will become payable (“the
tenant”) a charge for securing the payment thereof to the landlord.
(2) The High Court shall not make a charging order unless it is satisfied that
the service charge cannot otherwise be recovered from the tenant
without unreasonable difficulty or expense.
(3) A charging order may be made subject to such conditions as the court
thinks fit, including conditions as to the time when the charge is to
become effective.
(4) A charge imposed by a charging order shall have the like effect and shall
be enforceable in the same manner as an equitable charge created by the
tenant.
(5) On an application made by any person affected by it, the High Court
may make an order discharging or varying a charging order.
(6) This section is without prejudice to any other remedy for recovery of a
service charge.15

12 Offences

[P1985/70/24 and 33]
(1) If any person without reasonable excuse fails to perform any duty
imposed on him by section 6, 7 or 8 or paragraph 2, 3 or 4 of Schedule 1,
he shall be guilty of an offence and liable on summary conviction to a
fine not exceeding £2,500.16

(2) Where an offence under this Act which has been committed by a body
corporate is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, a
director, manager, secretary or other similar officer of the body
corporate, or any person who was purporting to act in any such capacity,
he as well as the body corporate shall be guilty of an offence and be liable
to be proceeded against and punished accordingly.
(3) Where the affairs of a body corporate are managed by its members,
subsection (2) shall apply in relation to the acts and defaults of a member
in connection with the functions of management as if he were a director
of the body corporate.
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12A Offence by body corporate, etc

(1) This section applies where an offence under this Act is committed by a
body corporate (“A”) and it is proved that the offence—
(a) was committed with the consent or connivance of a connected
person; or
(b) was attributable to neglect on the part of a connected person.
(2) The connected person, as well as A, shall be guilty of the offence.
(3) If a connected person is convicted of an offence under this Act by virtue
of this section, that person shall be liable to the same penalty as the body.
(4) In this section —
“associate” means, in relation to any person—
(a) the spouse, civil partner, son, step-son, daughter or step-daughter
of that person;
(b) a body corporate in respect of which that person is a connected
person;
(c) a person who is an employee or partner of that person;
(d) if that person is a body corporate—
(i) any director of that body;
(ii) any subsidiary of that body;
(iii) any holding company of that body;
(iv) any subsidiary of that holding company;
(v) any director or employee of any such holding company or
subsidiary;
“connected
person” means —
(a) an officer of A;
(b) a controller of A;
(c) if the affairs of A are managed by its members, a member of A;
(d) in relation to a limited liability company constituted under the
Limited Liability Companies Act 19961, a member, the company’s
manager, or registered agent;
“controller” means—
(a) a director of a body corporate of which A is either a holding
company or a subsidiary;
(b) a person who either alone or with any associate is entitled to
exercise or control the exercise of 15% or more of the voting
power at any general meeting of A or of another body corporate
of which it is a holding company or a subsidiary;
1 c. 19
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“manager” includes a person who, under the immediate authority of a director,
exercises managerial functions in respect of the business of A;
“officer” includes—
(a) a director, manager or secretary;
(b) a person purporting to act as a director, manager or secretary;
(c) any person occupying the position of director by whatever name
called;
(d) any person in accordance with whose directions or instructions
one or more of the directors are accustomed to act unless the
director or directors are accustomed so to act by reason only that
they do so on advice given by that person in a professional
capacity.17

13 Interpretation

[P1985/70/28-30]
(1) In this Act —
“the Commissioners
” means the Isle of Man Rent and Rating Appeal
Commissioners;18

“the Department
” means the Department of Infrastructure;19

“landlord
” includes any person who has a right to enforce payment of a service
charge;
“managing agent
”, in relation to any premises to which any expenses relate,
means a person appointed to discharge any of the landlord’s obligations
relating to the management by him of the premises and owed to the
tenant who may be required under the terms of their leases to contribute
to those expenses by the payment of service charges;
“qualified accountant
” means a member of one of the bodies for the time being
specified in section 14(1)(a) of the Companies Act 1982, but does not
include —
(i) an officer, employee or partner of the landlord or, where
the landlord is a company, of a company which is the
landlord’s holding company or subsidiary (within the
meaning of section 1 of the Companies Act 1974) or a
subsidiary of the landlord’s holding company; or
(ii) a person who is a partner or employee of any such officer
or employee;
(iii) an agent of the landlord who is a managing agent for any
premises to which any of the expenses covered by the
summary in question relate;
(iv) an employee or partner of any such agent;
Property Service Charges Act 1989 Section 14


c AT 14 of 1989 Page 19

“recognised tenants
” association” has the meaning given by subsection (2);
“relevant expenses
” has the meaning given by section 1(2);
“service charge
” has the meaning given by section 1(1);
“tenant
”, where the whole or any part of a dwelling is sublet, includes the sub-
tenant.
(2) A recognised tenants’ association is an association of, or of persons who
include, tenants of dwellings each of whom may be required under the
terms of his lease to contribute to the same expenses by the payment of
service charges, which is recognised for the purposes of this Act either —
(a) by a notice in writing given by the landlord to the secretary of the
association; or
(b) by a certificate of the Department.
(3) A notice given under subsection (2) may be withdrawn by the landlord
by a notice in writing given to the secretary of the association not less
than 6 months before the date on which it is to be withdrawn; and a
certificate under subsection (2) may be cancelled by the Department.
14 Short title and commencement

(1) This Act may be cited as the Property Service Charges Act 1989.
(2) This Act shall come into operation on such day as the Department may
by order appoint.20

(3) An order under subsection (2) may make such transitional, incidental,
supplemental or consequential provision as appears to the Department
to be necessary or expedient in connection with the coming into
operation of this Act.
Property Service Charges Act 1989 Schedule 1



c AT 14 of 1989 Page 21

SCHEDULE 1
21

RIGHTS OF TENANTS WITH RESPECT TO INSURANCE

Section 10
“Relevant policy”
1. In this Schedule “relevant policy
”, in relation to a dwelling, means any policy of
insurance under which the dwelling or, in the case of a flat, the dwelling or the
building containing it, is insured.
Request for summary of cover
2. (1) Where a service charge is payable by the tenant of a dwelling which
consists of or includes an amount payable directly or indirectly for insurance, the
tenant may require the landlord in writing to supply him with a written summary of
the insurance for the time being effected in relation to the dwelling.
(2) If the tenant is represented by a recognised tenants’ association and he
consents, the request may be made by the secretary of the association instead of by the
tenant and may then be for the supply of the summary to the secretary.
(3) A request is duly served on the landlord if it is served on —
(a) an agent of the landlord named as such in the rent book or similar
document, or
(b) the person who receives the rent on behalf of the landlord;
and a person on whom a request is so served shall forward it as soon as may be to the
landlord.
(4) The landlord shall comply with the request within one month of the
request, and shall be taken to have complied with it if within that period he instead
supplies to the tenant or secretary a copy of every relevant policy.
(5) The summary shall include —
(a) the amount for which the dwelling is insured under any relevant
policy or, in the case of a flat, the amount for which the building
containing it is insured under any relevant policy and, if specified
in the policy, the amount for which the flat is insured under it,
and
(b) the name of the insurer under any such policy, and
(c) the risks in respect of which the dwelling or the building
containing it (as the case may be) is insured under the policy.
(6) Where 2 or more buildings are insured under any relevant policy, the
summary or copy supplied under sub-paragraph (4), so far as relating to that policy,
Schedule 1
Property Service Charges Act 1989


Page 22 AT 14 of 1989 c

need only be of such parts of the policy as relate to the dwelling and, if it is a flat, to the
building containing it.
Request to inspect policy etc.
3. (1) This paragraph applies where a tenant, or the secretary of a recognised
tenants’ association, has obtained a summary or copy of a relevant policy or of any
parts of it as relate to the premises referred to in paragraph 2(6), whether in pursuance
of paragraph 2 or otherwise.
(2) The tenant, or the secretary with the consent of the tenant, may within 6
months of obtaining any such summary or copy require the landlord in writing to
afford him, or a person authorised in writing on his behalf, reasonable facilities —
(a) for inspecting any relevant policy under which the dwelling in
question is insured when the request is made or under which it
was insured for a period of insurance immediately preceding that
current when the request is made,
(b) for inspecting any accounts, receipts or other documents which
provide evidence of payment of any premiums due under any
such policy, and
(c) for taking copies of or extracts from any of the documents referred
to in paragraphs (a) and (b).
(3) Subsections (3) to (5) of section 7 apply in relation to a request under this
paragraph as they apply in relation to a request under that section.
Insurance effected by superior landlord
4. (1) If a request is made under paragraph 2 in a case where a superior
landlord has effected, in whole or in part, the insurance of the dwelling in question and
the landlord to whom the request is made is not in possession of the relevant
information —
(a) he shall in turn make a written request for the relevant
information to the person who is his landlord (and so on, if that
person is not himself the superior landlord), and the superior
landlord shall comply with that request within a reasonable time,
and
(b) the immediate landlord shall then comply with the tenant’s or
secretary’s request as provided by paragraph 2(4) to (6) within the
time allowed by that paragraph or such further time (if any) as is
reasonable in the circumstances.
(2) If, in a case where a superior landlord has effected, in whole or in part,
the insurance of the dwelling in question, a request under paragraph 3 relates to any
policy of insurance effected by the superior landlord —
Property Service Charges Act 1989 Schedule 1



c AT 14 of 1989 Page 23

(a) the landlord to whom the request is made shall forthwith inform
the tenant of that fact and of the name and address of the superior
landlord, and
(b) paragraph 3 then applies to the superior landlord in relation to
that policy as if he were the immediate landlord.
Effect of assignment
5. The assignment of a tenancy does not affect the validity of a request made
under paragraph 2, 3 or 4 before the assignment; but a person is not obliged to provide
a summary or make facilities available more than once for the same dwelling and for
the same period.
Right to notify insurers of possible claim
6. (1) This paragraph applies to any dwelling in respect of which the tenant
pays to the landlord a service charge consisting of or including an amount payable
directly or indirectly for insurance.
(2) Where —
(a) it appears to the tenant of the dwelling that damage has been
caused to the dwelling or, if it is a flat, to any part of the building
containing it, in respect of which a claim could be made under the
terms of a policy of insurance, and
(b) it is a term of the policy that the person insured under the policy
should give notice of any claim under it to the insurer within a
specified period,
the tenant may, within that period, serve on the insurer a notice in writing stating that
it appears to him that damage has been caused as mentioned in paragraph (a) and
describing briefly the nature of the damage.
(3) Where such a notice is served on an insurer, and the period referred to in
sub-paragraph (2)(b) would expire earlier than the period of 6 months beginning with
the date on which the notice is served, the policy in question shall have effect, as
regards any claim subsequently made in respect of the damage in question by the
person insured under the policy, as if for that period there were substituted that period
of 6 months.
(4) Where the tenancy of the dwelling is held by 2 or more persons, a single
notice under this paragraph may be given by any one or more of them.
(5) The Department may by regulations prescribe the form of notices under
this paragraph and the particulars which such notices must contain.
Schedule 1
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Right to challenge cover
7. (1) This paragraph applies where a service charge is payable by the tenant of
a dwelling which consists of or includes an amount payable directly or indirectly for
insurance.
(2) Where, on an application made by the tenant, the Commissioners are
satisfied in relation to the dwelling that the insurance afforded by the relevant policy
is, as respects the sum insured or otherwise, either excessive or inadequate, they may
make an order that the landlord or superior landlord by whom the insurance is
effected shall take such steps as may be specified in the order to reduce or increase the
sum insured or otherwise to alter the insurance afforded by the relevant policy.22

Right to challenge choice of insurers
8. (1) This paragraph applies to a tenancy of a dwelling which requires the
tenant to insure the dwelling with an insurer nominated by the landlord.
(2) The tenant or landlord may apply to the Commissioners for a
determination whether —
(a) the insurance which is available from the nominated insurer for
insuring the tenant’s dwelling is unsatisfactory in any respect, or
(b) that the premiums payable in respect of any such insurance are
excessive.
(3) No such application may be made in respect of a matter which —
(a) has been agreed or admitted by the tenant,
(b) under an arbitration agreement to which the tenant is a party is to
be referred to arbitration, or
(c) has been the subject of determination by a court or arbitrator.
(4) On an application under this paragraph the Commissioners may make
an order requiring the landlord to nominate either —
(a) such other insurer as is specified in the order, or
(b) another insurer who satisfies such requirements in relation to the
insurance of the dwelling as are specified in the order.
(5) Any such order may, with the leave of the High Court, be enforced in the
same way as an order of the High Court to the same effect.
(6) An agreement by the tenant of a dwelling (other than an arbitration
agreement) is void in so far as it purports to provide for a determination in a particular
manner, or on particular evidence, of any question which may be the subject of an
application under this paragraph.23

Property Service Charges Act 1989 Schedule 2



c AT 14 of 1989 Page 25

SCHEDULE 2
24

RIGHTS EXERCISABLE BY SURVEYOR APPOINTED BY

TENANTS’ ASSOCIATION

Section 10A
Introductory
1. (1) A surveyor appointed for the purposes of section 10A has the rights
conferred by this Schedule.
(2) In this Schedule —
(a) “the tenants’ association
” means the association by whom the
surveyor was appointed, and
(b) the surveyor’s “functions
” are his functions in connection with
the matters in respect of which he was appointed.
Appointment of assistants
2. (1) The surveyor may appoint such persons as he thinks fit to assist him in
carrying out his functions.
(2) References in this Schedule to the surveyor in the context of —
(a) being afforded any such facilities as are mentioned in
paragraph 3, or
(b) carrying out an inspection under paragraph 4, include a person so
appointed.
Right to inspect documents, etc
3. (1) The surveyor has a right to require the landlord or any other
relevant person —
(a) to afford him reasonable facilities for inspecting any documents
sight of which is reasonably required by him for the purposes of
his functions, and
(b) to afford him reasonable facilities for taking copies of or extracts
from any such documents.
(2) In sub-paragraph (1) “other relevant person” means a person other than
the landlord who is or, in relation to a future service charge, will be —
(a) responsible for applying the proceeds of the service charge, or
(b) under an obligation to a tenant who pays the service charge in
respect of any matter to which the charge relates.
(3) The rights conferred on the surveyor by this paragraph are enforceable
by him by notice in writing given by him to the landlord or other person concerned.
Schedule 2
Property Service Charges Act 1989


Page 26 AT 14 of 1989 c

Where a notice is given to a person other than the landlord, the surveyor shall give a
copy of the notice to the landlord.
(4) The landlord or other person to whom notice is given shall, within the
period of one week beginning with the date of the giving of the notice or as soon as
reasonably practicable thereafter, either —
(a) afford the surveyor the facilities required by him for inspecting
and taking copies or extracts of the documents to which the notice
relates, or
(b) give the surveyor a notice stating that he objects to doing so for
reasons specified in the notice.
(5) Facilities for the inspection of any documents required under sub-
paragraph (1)(a) shall be made available free of charge.
This does not mean that the landlord cannot treat as part of his expenses of
management any reasonable expenses incurred by him in connection with making the
facilities available.
(6) A reasonable charge may be made for facilities for the taking of copies or
extracts required under sub-paragraph (1)(b).
(7) A notice is duly given under this paragraph to the landlord of a tenant if
it is given to a person who receives on behalf of the landlord the rent payable by that
tenant.
A person to whom such a notice is so given shall forward it as soon as may be to the
landlord.
Right to inspect premises
4. (1) The surveyor also has the right to inspect any common parts comprised
in relevant premises or any appurtenant property.
(2) In sub-paragraph (1) —
“common parts”, in relation to a building or part of a building, includes the
structure and exterior of the building or part and any common facilities
within it;
“relevant premises” means so much of —
(i) the building or buildings containing the dwellings let to
members of the tenants’ association, and
(ii) any other building or buildings,
as constitute premises in relation to which management functions are
discharged in respect of the expenses of which service charges are
payable by members of the association; and
Property Service Charges Act 1989 Schedule 2



c AT 14 of 1989 Page 27

“appurtenant property” means so much of any property not contained in
relevant premises as constitutes property in relation to which any such
management functions are discharged.
For the purposes of the above definitions “management functions” includes functions
with respect to the provision of services, or the repair, maintenance or insurance of
property.
(3) On being requested to do so, the landlord shall afford the surveyor
reasonable access for the purposes of carrying out an inspection under this paragraph.
(4) Such reasonable access shall be afforded to the surveyor free of charge.
This does not mean that the landlord cannot treat as part of his expenses of
management any reasonable expenses incurred by him in connection with affording
reasonable access to the surveyor.
(5) A request is duly made under this paragraph to the landlord of a tenant
if it is made to a person appointed by the landlord to deal with such requests or, if no
such person has been appointed, to a person who receives on behalf of the landlord the
rent payable by that tenant.
A person to whom such a request is made shall notify the landlord of the request as
soon as may be.
Enforcement of rights by the court
5. (1) If the landlord or other person to whom notice was given under
paragraph 3 has not, by the end of the period of one month beginning with the date on
which notice was given, complied with the notice, the High Court may, on the
application of the surveyor, make an order requiring him to do so within such period
as is specified in the order.
(2) If the landlord does not, within a reasonable period after the making of a
request under paragraph 4, afford the surveyor reasonable access for the purposes of
carrying out an inspection under that paragraph, the High Court may, on the
application of the surveyor, make an order requiring the landlord to do so on such date
as is specified in the order.
(3) An application for an order under this paragraph must be made before
the end of the period of 4 months beginning with the date on which notice was given
under paragraph 3 or the request was made under paragraph 4.
(4) An order under this paragraph may be made in general terms or may
require the landlord or other person to do specific things, as the court thinks fit.
Documents held by superior landlord
6. (1) Where a landlord is required by a notice under paragraph 3 to afford the
surveyor facilities for inspection or taking copies or extracts in respect of any document
which is in the custody or under the control of a superior landlord —
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Page 28 AT 14 of 1989 c

(a) the landlord shall on receiving the notice inform the surveyor as
soon as may be of that fact and of the name and address of the
superior landlord, and
(b) the surveyor may then give the superior landlord notice in
writing requiring him to afford the facilities in question in respect
of the document.
(2) Paragraphs 3 and 5(1) and (3) have effect, with any necessary
modifications, in relation to a notice given to a superior landlord under this paragraph.
Effect of disposal by landlord
7. (1) Where a notice under paragraph 3 has been given or a request under
paragraph 4 has been made to a landlord, and at a time when any obligations arising
out of the notice or request remain to be discharged by him —
(a) he disposes of the whole or part of his interest as landlord of any
member of the tenants’ association, and
(b) the person acquiring that interest (“the transferee”) is in a position
to discharge any of those obligations to any extent,
that person shall be responsible for discharging those obligations to that extent, as if he
had been given the notice under paragraph 3 or had received the request under
paragraph 4.
(2) If the landlord is, despite the disposal, still in a position to discharge
those obligations, he remains responsible for doing so.
Otherwise, the transferee is responsible for discharging them to the exclusion of the
landlord.
(3) In connection with the discharge of such obligations by the transferee,
paragraphs 3 to 6 apply with the substitution for any reference to the date on which
notice was given under paragraph 3 or the request was made under paragraph 4 of a
reference to the date of the disposal.
(4) In this paragraph “disposal” means a disposal whether by the creation or
transfer of an estate or interest, and includes the surrender of a tenancy; and references
to the transferee shall be construed accordingly.
Effect of person ceasing to be a relevant person
8. Where a notice under paragraph 3 has been given to a person other than the
landlord and, at a time when any obligations arising out of the notice remain to be
discharged by him, he ceases to be such a person as is mentioned in paragraph 3(2),
then, if he is still in a position to discharge those obligations to any extent, he remains
responsible for discharging them, and the provisions of this Schedule continue to apply
to him, to that extent.
Property Service Charges Act 1989 Schedule 3



c AT 14 of 1989 Page 29

SCHEDULE 3
25

APPOINTMENT OF MANAGERS OF FLATS

Section 10C
Interpretation
1. (1) In this Schedule —
“charitable purposes
”, in relation to a charity, means charitable purposes
whether of that charity or of that charity and other charities;
“common parts
”, in relation to any building or part of a building, includes the
structure and exterior of that building or part and any common facilities
within it;
“the court
” means the High Court;
“exempt landlord
” means a Department, Statutory Board, local authority or
joint board (within the meaning of the Local Government Act 1985);
“flat
” means a separate set of premises, whether or not on the same floor,
which —
(a) forms part of a building, and
(b) is divided horizontally from some other part of that building, and
(c) is constructed or adapted for use for the purposes of a dwelling;
“functional land
”, in relation to a charity, means land occupied by the charity,
or by trustees for it, and wholly or mainly used for charitable purposes;
“landlord
” means the immediate landlord;
“purpose-built block of flats
” means a building which contained as
constructed, and contains, 2 or more flats;
“resident landlord
” shall be construed in accordance with sub-paragraph (2).
(2) For the purposes of this Schedule the landlord of any premises consisting
of the whole or part of a building is a resident landlord of those premises at any
time if —
(a) the premises are not, and do not form part of, a purpose-built
block of flats; and
(b) at that time the landlord occupies a flat contained in the premises
as his only or principal residence; and
(c) he has so occupied such a flat throughout a period of not less than
12 months ending with that time.
(3) References in this Schedule to a tenant do not include references to a
tenant under a tenancy to which the Tenancy of Business Premises Act 1971 applies.
Schedule 3
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Application of this Schedule
2. (1) Subject to sub-paragraph (2), this Schedule applies to premises consisting
of the whole or part of a building if the building or part contains 2 or more flats.
(2) This Schedule does not apply to any such premises at a time when —
(a) the interest of the landlord in the premises is held by an exempt
landlord or a resident landlord, or
(b) the premises are included within the functional land of any
charity.
Tenant’s right to apply for appointment of manager
3. (1) The tenant of a flat contained in any premises to which this Schedule
applies may, subject to the following provisions of this Schedule, apply to the
Commissioners for an order under paragraph 6 appointing a manager to act in relation
to those premises.
(2) An application for an order under paragraph 6 may be made —
(a) jointly by tenants of 2 or more flats if they are each entitled to
make such an application by virtue of this section, and
(b) in respect of 2 or more premises to which this Schedule applies;
and, in relation to any such joint application as is mentioned in (a), references in this
Schedule to a single tenant shall be construed accordingly.
(3) Where the tenancy of a flat contained in any such premises is held by
joint tenants, an application for an order under paragraph 6 in respect of those
premises may be made by any one or more of those tenants.
(4) An application to the High Court for it to exercise in relation to any
premises any power to appoint a receiver or manager shall not be made by a tenant (in
his capacity as such) in any circumstances in which an application could be made by
him for an order under paragraph 6 appointing a manager to act in relation to those
premises.
Preliminary notice by tenant
4. (1) Before an application for an order under paragraph 6 is made in respect
of any premises to which this Schedule applies by a tenant of a flat contained in those
premises, a notice under this section must (subject to sub-paragraph (4)) be served on
the landlord by the tenant.
(2) A notice under this section must —
(a) specify the tenant’s name, the address of his flat and an address in
the Island (which may be the address of his flat) at which the
landlord may serve notices, including notices in proceedings, on
him in connection with this Schedule;
Property Service Charges Act 1989 Schedule 3



c AT 14 of 1989 Page 31

(b) state that the tenant intends to make an application for an order
under paragraph 6 to be made by the Commissioners in respect of
such premises to which this Schedule applies as are specified in
the notice, but (if sub-paragraph (3) is applicable) that he will not
do so if the landlord complies with the requirement specified in
pursuance of that sub-paragraph;
(c) specify the grounds on which the Commissioners would be asked
to make such an order and the matters that would be relied on by
the tenant for the purpose of establishing those grounds; and
(d) contain such information (if any) as the Department may by
regulations prescribe.
(3) Where the matters referred to in sub-paragraph (2)(c) are capable of
being remedied by the landlord, the notice must also require the landlord, within such
reasonable period as is specified in the notice, to take steps for the purpose of
remedying them as are so specified.
(4) The Commissioners may (whether on the hearing of an application for an
order under paragraph 6 or not) by order dispense with the requirement to serve a
notice under this paragraph in a case where they are satisfied that it would not be
reasonably practicable to serve such a notice on the landlord, but the Commissioners
may, when doing so, direct that such other notices are served, or such other steps are
taken, as they think fit.
(5) In a case where —
(a) a notice under this paragraph has been served on the landlord,
and
(b) his interest in the premises specified in pursuance of sub-
paragraph (2)(b) is subject to a mortgage,
the landlord shall, as soon as is reasonably practicable after receiving the notice, serve
on the mortgagee a copy of the notice.
Application to Commissioners for appointment of manager
5. (1) No application for an order under paragraph 6 shall be made to the
Commissioners unless —
(a) in a case where a notice has been served under paragraph 4,
either —
(i) the period specified in pursuance of paragraph 4(3) has
expired without the landlord having taken the steps that
he was required to take in pursuance of that provision, or
(ii) paragraph 4 was not applicable in the circumstances of the
case; or
(b) in a case where the requirement to serve such a notice has been
dispensed with by an order under paragraph 4(4), either —
Schedule 3
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Page 32 AT 14 of 1989 c

(i) any notices required to be served, and any other steps
required to be taken, by virtue of the order have been
served or (as the case may be) taken, or
(ii) no direction was given by the Commissioners when
making the order.
(2) Rules under section 3(3) of the Rent and Rating Appeals Act 1986 shall
make provision —
(a) for requiring notice of an application for an order under
paragraph 6 in respect of any premises to be served on such
descriptions of persons as may be specified in the rules; and
(b) for enabling persons served with any such notice to be joined as
parties to the proceedings.
Appointment of manager
6. (1) The Commissioners may, on an application for an order under this
paragraph, by order (whether interlocutory or final) appoint a manager to carry out in
relation to any premises to which this Schedule applies —
(a) such functions in connection with the management of the
premises, or
(b) such functions of a receiver,
or both, as the Commissioners think fit.
(2) The Commissioners may only make an order under this section where
they are satisfied —
(a) that unreasonable service charges have been made, or are
proposed or likely to be made, and
(b) that it is just and convenient to make the order in all the
circumstances of the case.
(3) For the purposes of sub-paragraph (2)(a) a service charge shall be taken
to be unreasonable —
(a) if the amount is unreasonable having regard to the items for
which it is payable,
(b) if the items for which it is payable are of an unnecessarily high
standard, or
(c) if the items for which it is payable are of an insufficient standard
with the result that additional service charges are or may be
incurred.
(4) The premises in respect of which an order is made under this section
may, if the Commissioners think fit, be either more or less extensive than the premises
specified in the application on which the order is made.
(5) An order under this paragraph may make provision with respect to —
Property Service Charges Act 1989 Schedule 3



c AT 14 of 1989 Page 33

(a) such matters relating to the exercise by the manager of his
functions under the order, and
(b) such incidental or ancillary matters,
as the Commissioners think fit; and, on any subsequent application made for the
purpose by the manager, the Commissioners may give him directions with respect to
any such matters.
(6) Without prejudice to the generality of sub-paragraph (5), an order under
this paragraph may provide —
(a) for rights and liabilities arising under contracts to which the
manager is not a party to become rights and liabilities of the
manager;
(b) for the manager to be entitled to prosecute claims in respect of
causes of action (whether contractual or tortious) accruing before
or after the date of his appointment;
(c) for remuneration to be paid to the manager by the landlord, or by
the tenants of the premises in respect of which the order is made
or by all or any of those persons;
(d) for the manager’s functions to be exercisable by him (subject to
paragraph 7(1)) either during a specified period or without limit
of time.
(7) Any such order may be granted subject to such conditions as the
Commissioners think fit, and in particular its operation may be suspended on terms
fixed by the Commissioners.
(8) In a case where an application for an order under this paragraph was
preceded by the service of a notice under paragraph 4, the Commissioners may, if they
think fit, make such an order even though —
(a) any period specified in the notice in pursuance of paragraph 4(3)
was not a reasonable period, or
(b) the notice failed in any other respect to comply with any
requirement contained in paragraph 4(2) or (3) or in any
regulations applying to the notice under paragraph 4(2)(d).
(9) An order under this paragraph shall be enforceable against any person
deriving title from the landlord in respect of his interest in the premises to which the
order relates.
(10) Sub-paragraph (9) is without prejudice to —
(a) section 29 of the Registration of Deeds Act 1961 (registration of
encumbrances affecting unregistered land), and
(b) section 31(4) of the Land Registration Act 1982 (effect of transfer of
registered land).
(11) References in this paragraph to the management of any premises include
references to the repair, maintenance or insurance of those premises.
Schedule 3
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Page 34 AT 14 of 1989 c

Variation and discharge of orders
7. (1) The Commissioners may, on the application of any person interested,
vary or discharge (whether conditionally or unconditionally) an order under
paragraph 6; and if the order has been protected by an entry on the title register under
the Land Registration Act 1982, the Commissioners may by order direct that the entry
shall be cancelled.
(2) The Commissioners shall not vary or discharge an order under
paragraph 6 on a landlord’s application unless they are satisfied —
(a) that the variation or discharge of the order will not result in a
recurrence of the circumstances which led to the order being
made, and
(b) that it is just and convenient in all the circumstances of the case to
vary or discharge the order.
(3) The Commissioners shall not discharge an order under this paragraph by
reason only that, by virtue of paragraph 2(2), the premises in respect of which the order
was made have ceased to be premises to which this Schedule applies.
Property Service Charges Act 1989 Endnotes


c AT 14 of 1989 Page 35

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (2A) inserted by Property Service Charges (Amendment) Act 2003 s 1. 2
Subs (2B) inserted by Property Service Charges (Amendment) Act 2003 s 1. 3
Subs (2C) inserted by Property Service Charges (Amendment) Act 2003 s 1. 4
Para (b) amended by Property Service Charges (Amendment) Act 2003 s 4. 5
Subs (6) amended by Property Service Charges (Amendment) Act 2003 s 4. 6
S 5 substituted by Property Service Charges (Amendment) Act 2003 s 1. 7
Para (b) amended by Agricultural Tenancies Act 2008 Sch. 8
Para (c) added by Agricultural Tenancies Act 2008 Sch. 9
S 9A inserted by Property Service Charges (Amendment) Act 2003 s 2. 10
S 9B inserted by Property Service Charges (Amendment) Act 2003 s 2. 11
S 10 amended by Property Service Charges (Amendment) Act 2003 s 3. 12
S 10A inserted by Property Service Charges (Amendment) Act 2003 s 3. 13
S 10B inserted by Property Service Charges (Amendment) Act 2003 s 4. 14
S 10C inserted by Property Service Charges (Amendment) Act 2003 s 5. 15
S 11A inserted by Property Service Charges (Amendment) Act 2003 s 6. 16
Subs (1) amended by Housing (Miscellaneous Provisions) Act 2011 Sch 3. 17
S 12A inserted by Housing (Miscellaneous Provisions) Act 2011 Sch 3. 18
Definition of “the Commissioners” inserted by Property Service Charges
(Amendment) Act 2003 s 5. 19
Definition of “the Department” substituted by SD2015/0109. 20
ADO (whole Act) 12/12/1989, with saving for a 3 month period (GC436/89). 21
Sch 1, previously Schedule, renumbered by Property Service Charges (Amendment)
Act 2003 s 3.
Endnotes Property Service Charges Act 1989


Page 36 AT 14 of 1989 c

22
Subpara (2) amended by Property Service Charges (Amendment) Act 2003 s 4 with
saving. 23
Para 8 substituted by Property Service Charges (Amendment) Act 2003 s 1. 24
Sch 2 inserted by Property Service Charges (Amendment) Act 2003 s 3. 25
Sch 3 inserted by Property Service Charges (Amendment) Act 2003 s 5.