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Glossary

Summary of rights and obligations

Also called: summary of tenants' rights and obligations, section 21B notice, rights and obligations summary

The prescribed statement of leaseholders' rights that must accompany every service-charge demand (and a separate one for administration-charge demands), without which the leaseholder may withhold payment.

The wording is set by regulations, so copy it exactly; don't write your own version.

The rules in England

  • Service charges: the summary must be headed "Service Charges – Summary of tenants' rights and obligations", contain the prescribed text, and be printed in type of at least 10 point (SI 2007/1257).
  • Administration charges (such as late-payment fees) need a different prescribed summary (SI 2007/1258).
  • Wales has its own regulations and wording.

If it's missing

The leaseholder may withhold payment of that demand until the summary is provided, and any lease terms about late payment don't apply while it's withheld (s.21B(3)–(4)). Sending the demand again with the summary puts it right.

Changes are coming: the Leasehold and Freehold Reform Act 2024 will replace this with new prescribed demand forms, but those rules aren't in force yet.

Related terms

Sources

  1. Landlord and Tenant Act 1985, s.21B
  2. Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007, reg 3
  3. Administration Charges (Summary of Rights and Obligations) (England) Regulations 2007, reg 2

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