Part 4 - Regulation of leasehold Section 58: Enforcement of duties relating to service charges
Section 58 substitutes existing Section 25 of the 1985 Act to create new enforcement measures for the new requirements of landlords under Sections 21C, E and F of the 1985 Act. Subsection (2) omits existing Section 25 of the 1985 Act.
	Subsection (3) inserts a new Section 25A into the 1985 Act. Section 25A (1) allows a tenant to apply to the appropriate tribunal where their landlord (a) did not demand a service charge payment in accordance with Section 21C, or (b) failed to provide a report in accordance with Section 21E.
	Section 25A(2)(a) allows, on an application made under subsection (1), the appropriate tribunal to make an one or more of the following orders; (a) an order that the landlord must, within 14 days from the date of the Order (i) demand payment of a service charge in accordance with Section 21C or (ii) provide a report in accordance with Section 21E; (b) an order that the landlord to pay damages to the tenant, and (c) any other order that the tribunal finds consequential under Sections 25A (2)(a) and 25A (2)(b).
	Section 25A(3) grants a person "C" the right to make an application to the appropriate tribunal on the grounds that person D has breached Section 21F or 21G. Section 25A (4) of the Act allows the tribunal to make one or more of the following orders: (a) an order that D comply with Section 21F within 14 days of the order being made, (b) an order for D to pay damages to C, and (c) an order which the tribunal finds relevant to Section 25A(4)(a) and Section 25A (4)(b).
	Section 25A(5) requires that the damages paid must not exceed £5,000. Section 25A (6) confers powers on the appropriate authority to amend the amount in subsection (5) by regulations if it considers it expedient to do so to reflect changes in the value of money.
	Section 25A(7) prohibits the landlord from making any present or future person(s) liable for the damages payable to the tenant under this Section of the Act.
	New Section 25A(8) makes provision that where the landlord uses services charge held in trust as defined by Section 42 of the 1987 Act to pay damages under Section 25A of the 1985 Act, this is classed as a breach of that trust.
	Section 25A(9) makes clear that damages awarded under this Section are not classed as relevant costs when determining the amount of any variable service charge payable by a tenant (whether or not a tenant to which the damages are paid).
	Section 25A(10) prevents provisions set out in a lease, contract, or other arrangement from having effect where contrary to subsections (7) to (9) of Section 25A.
	Section 25A(11) details that regulations under this Section are (a) to be made by statutory instrument; (b) may make provision generally or for specific cases; (c) may make different provision for different purposes; (d) may include supplementary, incidental, transitional or saving provision. Section 25A (12) sets out that the statutory instrument containing regulations under this Section is subject to the negative procedure.