Does the Landlord and Tenant Act 1985 limit the term of contracts entered into for the provision of residential service charge items (ie qualifying long term contracts)? Does it make any difference where the qualifying long term contract was entered into at a point where the form of lease has been agreed and attached to exchanged agreements for lease but not yet completed?

The Landlord and Tenant Act 1985 (LTA 1985) operates by imposing a series of constraints on the recoverability of residential services charge. It does not operate to directly limit the terms on which services are provided to tenants or the building their unit is located in. Rather it puts landlords at risk the result falls outside the constraints imposed. So service charges that are not reasonable or demanded within the provided time-frame will not be recoverable.

Qualifying long term contracts are subject to an additional constraint namely the requirement for consultation. Qualifying long term contracts are those contracts lasting 12 months or more under which services costing each tenant £100 or more per year. Where