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, services or other charges, 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.
Comments