Section 21A — Landlord and Tenant Act 1985: Withholding of service charges

Withholding of service charges 21A 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.

2 The maximum amount which the tenant may withhold is an amount equal to the aggregate of—

a the service charges paid by him in the period to which the information or report concerned would or does relate, and b amounts standing to the tenant's credit in relation to the service charges at the beginning of that period.

3 An amount may not be withheld under this section—

a in a case within paragraph (a) of subsection (1), after the information or report concerned has been provided to the tenant by the landlord, or 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.

4 If, on an application made by the landlord to the appropriate tribunal , the tribunal determines that the landlord has a reasonable excuse for a failure giving rise to the right of a tenant to withhold an amount under this section, the tenant may not withhold the amount after the determination is made.

5 Where a tenant withholds a service charge under this section, any provisions of the tenancy relating to non-payment or late payment of service charges do not have effect in relation to the period for which he so withholds it.