To begin establishing a qualification contract, you must indicate the basic terms of the compensation agreement between the company and the qualified and provide the full legal names of the qualified and your company. In the absence of consultation, the lessor may not be able to recover more than $100 per tenant during a billing period on the costs of the agreement. The independent owner argued that the agreement was clearly one year old and could be concluded on the last day with a three-month delay. A qualified long-term contract is an agreement that the lessor has entered into with a fully independent organization or contractor for a period of more than 12 months. (Agreements before October 31, 2003 are tax-exempt.) The minimum duration of the commitment is decisive. In other words, it is an agreement lasting more than 12 months. The term „qualifying long-term agreement” is defined by the Landlord and Tenants Act 1985 (s) 20ZA (2) of the Landlords and Tenants Act 1985 as „an agreement reached by or on behalf of a senior landlord or lessor for a period of more than twelve months.” When an independent holder enters into a contract or service fee agreement for a period of „more than 12 months,” the independent holder must consult with the tenants. The only exception to this consultation request is when the cost per tenant is less than $100. Long-term agreements are a complex issue and we are far from covering all the relevant issues. If there is anything else you want to know, please contact us by submitting a question. The definition also includes „senior landlords,” so that expenses provided by the entire free owner of a mixed residential and commercial development, to which tenants are required to make contributions (directly or indirectly) through their leases, are subject to consultation when the qualification criteria are met. In addition to a qualification agreement, the qualifier should also have a separate compensation agreement to protect the qualified person and cover any damages and defence costs that could be incurred by the qualifier for all claims claimed for his qualification work.
However, in October 2014, the Court of Appeal overturned this decision, so that the re-establishment of the „sets” approach, i.e. the Section 20 consultation, should apply to individual series of qualified works without reference to periods or years of service charges.