Part 5: Other provisions about safety standards, etc. Remediation and redress: other provisions Section 133: Service charges in respect of remediation works Background
There is currently no legal obligation on the landlord to seek alternative forms of cost recovery for remediation works before passing these costs onto leaseholders. This clause amends section 20 in the Landlord and Tenant Act 1985 so that the landlord has new duties to take reasonable steps to seek other cost recovery avenues before passing on remediation costs to leaseholders.
	This change to the law is being made to give leaseholders further rights and protection by ensuring other cost recovery routes are appropriately explored.
Example
A leaseholder is given a service charge bill for a large amount of money for remediation works. The leaseholder challenges the validity of the service charge at the First-tier tribunal, because they do not feel the landlord has taken reasonable steps to explore other forms of cost recovery. It transpires that the landlord has not made a claim against a warranty and the claim of the leaseholder is upheld by the First-tier Tribunal. The landlord must take reasonable steps to seek cost recovery via this route, before passing any costs on to the leaseholder.