A landlord’s power to levy a service charge and a leaseholder’s obligation to pay it are governed by the provisions of the lease. The lease is a contract and so there is no obligation to pay anything other than what is provided for in the lease.
Both landlords and leaseholders have the right to ask a First-tier Tribunal (Property Chamber) whether a charge, or a proposed charge, is reasonably incurred. An application may be made to the Tribunal whether or not the charge has already been paid. It can be in respect of costs already incurred for works or services, or in respect of an estimate or budget.
The Tribunal may also determine:
- whether the service charge is payable under the lease;
- by whom and to whom it is payable;
- the date on which it may be payable; and
- the manner of payment (for example, if it may be paid by direct debit or standing order).
You may require the services of a solicitor.
More information you might find useful:
- I am in dispute with my landlord but I do not want to go to Court or Tribunal. Is there an alternative?
- Application to the First-tier Tribunal (Property Chamber)
- Application Form – Application for a Determination of Liability to Pay and Reasonableness of Service Charges
- More Frequently Asked Questions on Application to the Tribunal
- More Frequently Asked Questions on Service Charges
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers