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I own a freehold house. Can I challenge my service charge?

You will need to establish whether your house is part of an Estate Management Scheme (EMS) made under Section 19 of the Leasehold Reform Act 1967, or under Chapter 4 or Section 93 of the Leasehold Reform, Housing and Urban Development Act 1993. If you are unsure you can contact your conveyancer or the First-tier Tribunal (Property Chamber).

If your house is part of an EMS, charges made under the scheme can be challenged at the First-tier Tribunal (Property Chamber). An application can be made to a Tribunal to vary the scheme itself on the grounds that a charge under the scheme is unreasonable or that any formula for the calculation of the charge is unreasonable. An application can also be made to an Tribunal to determine whether or not a charge is payable, and, if so, by whom and to whom it is payable; the amount that is payable; the date that it is payable and the manner in which it is payable. However, an application cannot be made to the Tribunal where the charge has been agreed or admitted.

If your house is not part of an EMS you cannot make an application to the Tribunal but it may be possible to apply to the County Court. You should seek specialist litigation advice prior to embarking on any legal action.

You may require the services of a solicitor.


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LEASE is governed by a board, appointed as individuals by the Secretary of State for the Department for Levelling Up, Housing & Communities.