residential landlords - service charges
We are have particular expertise acting for landlord, leaseholders and managing agents in service charge disputes either in the County Court or First Tier Tribunal. We can provide advice on the recoverability of service charges having regard for the pay-ability of the amount due (i.e. construction of the lease) and the reasonableness of the amount demanded (s.19 of the Landlord & Tenant Act 1985).
Our highly skilled team is able to deal with a range of technical issues relating to the recovery of service charges including:
- Major work consultations.
- Whether the lease allow the landlord to make the demand.
- Pay-ability of interim demands.
- Pay-ability of balancing payments.
- Whether the demand been served within eighteen months of the costs being incurred (i.e. s.20B(1) of the Landlord & Tenant Act 1985).
- Whether the landlord, within eighteen months of incurring the costs, has notified the tenant that costs have been incurred and that the tenant will subsequently be required under the terms of the lease to contribute to them by way of service charge (i.e. s.20B(2) of the Landlord & Tenant Act 1985).
- Sections 47 and 48 of the Landlord and Tenant Act 1987
- Section 21B of the Landlord & Tenant Act 1985 – i.e. summary of rights and obligations must be sent with each demand for residential service charge.
- Whether legal costs are recoverable.
Call us to discuss at any stage of the dispute; we are happy to take instructions from landlords and leaseholders.
