Leaseholders may be concerned about being charged for an EWS1 assessment that was not carried out to a reasonable standard. Under section 19 of the Landlord and Tenant Act 1985, service charges are only payable for costs that have been reasonably incurred and for work or services carried out to a reasonable standard.
If the original EWS1 was completed by someone who is not regarded as suitably qualified or competent, and as a result, a replacement EWS1 is required, leaseholders may have grounds to challenge the cost of the allegedly flawed first assessment. Since that charge may not have been reasonably incurred, it could be disputed.
It is important to know that not paying your service charge could put you in breach of your lease, which may lead to further issues, including action being taken against you. However, if you pay under protest, you can protect your position, meeting the terms of your lease while keeping the option open to challenge the charge later.
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