Often the issues which arise between landlords and tenants stem from service charge disputes. Whether you are a tenant or landlord at a residential, commercial or mixed use premises, our Dispute Resolution team is able to provide tailored advice on your service charge dispute.
The starting point for any service charge dispute is to consider the service charge clause in the lease. Generally tenants are obliged to pay only for matters which have been agreed in the lease.
A majority of residential tenants benefit from protection against excessive service charges under the Landlord & Tenant Act 1985. A tenant has various rights under the statute such as, the landlord may only include costs in the service charge to the extent that they are reasonable.
Further any demand for service charge by a landlord must comply with the Landlord & Tenant Act 1987, which sets out various requirements.
Either the landlord or tenant can make an application to the first-tier tribunal under section 27A of the Landlord & Tenant Act 1985 seeking a determination regarding service charges.
Our team can advise and assist with regard to residential service charge disputes generally and can also act for you in an application to the tribunal.
Unlike residential property, service charges for commercial property is not subject to statutory intervention. The service charge clause in the lease is therefore key and careful consideration should go into the drafting of such a clause.
How our Dispute Resolution team can help
We have specialist property dispute solicitors that deal with service charge disputes on a regular basis. We act for tenants and landlords alike and provide tailored advice to all of our clients.
If you are seeking a solicitor to advise you in relation to a service charge dispute or would like to find out about our services more generally, please contact our Dispute Resolution team at TV Edwards Solicitors.