Tingdene Holiday Parks Ltd v Cox and others  UKUT 310 (LC)
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 of tenants in relation to the same. The form of that summary is prescribed by the Service Charges (Summary of Rights and Obligations, and Transitional Provisions) (England) Regulations 2007 (as amended; similar provisions exist in Wales). In the present case, demands were sent in 2008 and 2009 but the prescribed information was not sent until shortly afterwards. The LVT found that this was not compliance with s.21B, 1985 Act, as the prescribed information did not “accompany” the demands, but followed a few days later (well, strictly speaking, the Statutory Instrument was sent). On appeal to the Upper Tribunal (Lands Chamber), the landlord argued that – notwithstanding 11 days between the demand and the summary – the summary had still “accompanied” the demand.
The President dismissed this argument. It was “manifestly” (at ) the case that the summary did not accompany the demand. The two documents had to be sent together. Further, it was not sufficient to send the SI. The prescribed information was what was required, in the form described in the SI. The SI did not constitute the prescribed information, it explained what was required to be in the prescribed information.