By s.21B, Landlord and Tenant Act 1985, a demand for the payment of service charges must be accompanied by a summary of rights and obligations, setting out the various rights and options open to leaseholders. In England, that provision has been in force since October 2007 and there is a prescribed format for the summary: SI 2007/1257. What happens though where a service charge demand is made after October 2007, but in respect of costs incurred before that date? That was the question for the Upper Tribunal (Lands Chamber) in Amourgam v Valepark Properties Ltd [2011] UKUT 261 (LC).

HHJ Huskinson has held that the demand must be accompanied by the summary of rights and obligations as s.21B applies “to all demands made after” the commencement of that section. The only exceptions to this are those contained in SI 2007/1257 itself, i.e., where it is merely a chasing demand in respect of service charges that were demanded prior to October 2007.