The Service Charges (Consultation Requirements) (Amendment) (England) Regulations 2004
These Regulations amend regulation 4 of the Service Charges (Consultation Requirements) (England) Regulations 2003 (“regulation 4”). Regulation 4 provides for the application of section 20 of the Landlord and Tenant Act 1985 (“the 1985 Act”) to certain agreements entered into, by or on behalf of a landlord or superior landlord, for a term of more than twelve months (“qualifying long term agreements”), where relevant costs (defined in section 18(2) of the 1985 Act) incurred under the agreement in any accounting period exceed an amount which results in the relevant contribution of any tenant, in respect of that period, being more than £100. Section 20 of the 1985 Act imposes limitations on the amount of tenants' contributions to service charges in respect of qualifying long term agreements unless the consultation requirements in the Service Charges (Consultation Requirements) (England) Regulations 2003 have been complied with or dispensed with by a leasehold valuation tribunal.