Housing and Regeneration Act 2008

3(1)Section 21A (withholding of service charges) is amended as follows.E+W

(2)For subsection (1) substitute—

“(1)A tenant may withhold payment of a service charge if—

(a)the landlord has not provided him with information or a report—

(i)at the time at which, or

(ii)(as the case may be) by the time by which,

he is required to provide it by virtue of section 21, or

(b)the form or content of information or a report which the landlord has provided him with by virtue of that section (at any time) does not conform exactly or substantially with the requirements prescribed by regulations under that section.”

(3)In subsection (2)—

(a)in paragraph (a) for “accounting period to which the document” substitute “ period to which the information or report ”, and

(b)for paragraph (b) substitute—

“(b)amounts standing to the tenant's credit in relation to the service charges at the beginning of that period.”

(4)In subsection (3)—

(a)in paragraph (a) for “document concerned has been supplied” substitute “ information or report concerned has been provided ”, and

(b)for paragraph (b) substitute—

“(b)in a case within paragraph (b) of that subsection, after information or a report conforming exactly or substantially with requirements prescribed by regulations under section 21 has been provided to the tenant by the landlord by way of replacement of that previously provided.”