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Hello.......I am the leaseholder of a flat which has been purchased by exercising the Right To Buy - the lessor and freeholder is my local city council which has undertaken to replace my flat's single glazed windows with double glazed units the cost for which it is seeking to recover through the service charge machinery of the lease.
The matter on which I seek assistance relates to the validity of Schedule 6, Part lll Section 18(c) of the Housing Act 1985 c68 which states: S.18 Where the dwelling-house is a flat, a provision of the lease or of an agreement collateral to it is void in so far as it purports— (c) to authorise the recovery of an improvement contribution otherwise than in accordance with paragraph 16C (restrictions in initial period of lease). My lease provides for the lessor to recover its costs to repair and, if it so wishes, the costs to improve! Will someone please clarify the impact if any, that S.18(c) of the Act has on the provision of my lease as I am in the process of challenging the sum demanded on the grounds that, the works are works of improvement and not works of repair. My major concern at this moment is, given that the legislation.gov.uk web pages are not always current, is S.18 still in force?
My thanks in advance to anyone who takes the time to respond.
The matter on which I seek assistance relates to the validity of Schedule 6, Part lll Section 18(c) of the Housing Act 1985 c68 which states: S.18 Where the dwelling-house is a flat, a provision of the lease or of an agreement collateral to it is void in so far as it purports— (c) to authorise the recovery of an improvement contribution otherwise than in accordance with paragraph 16C (restrictions in initial period of lease). My lease provides for the lessor to recover its costs to repair and, if it so wishes, the costs to improve! Will someone please clarify the impact if any, that S.18(c) of the Act has on the provision of my lease as I am in the process of challenging the sum demanded on the grounds that, the works are works of improvement and not works of repair. My major concern at this moment is, given that the legislation.gov.uk web pages are not always current, is S.18 still in force?
My thanks in advance to anyone who takes the time to respond.
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