|Service Charge Disputes
|Landlord and Tenant Act 1985 (as amended)
Many Lessees are traumatised by sudden large service charge
demands or excessive insurance payments and are unaware of their
rights. There is a very strict procedure that has to be followed
under the Legislation and we can assist by advising you of what
action you can take to ensure that the Landlords and Managing
Agents comply with such Legislation and, if necessary, complete
and issue an application to the Land Valuation Tribunal to deal
with any such over-charging or unfair claims.
If you have any such claims that need our advice you must not
accept the figures put forward by the Landlord but should contact
us as soon as possible on the details provided, or complete
an enquiry form so that
we can look into the matter and assist you with the appropriate
advice and action to take.
Some points to consider:-
These points need to be considered before deciding whether to take action in the Tribunal or issue proceedings in the County Court for Breach of the Landlords covenants.
Costs are a major issue to consider, as often the costs involved could exceed the amount claimed. It would be sensible to obtain the agreement of as many Lessees as possible before proceeding.
- Has the Landlord served a notice for repairs?
- Has the Landlord complied with the consultation procedures?
- Has the Landlord carried out any work on the premises without serving any notices?
- Has the Landlord carried out his obligations under the Lease or allowed the premises to fall into disrepair?
- Do all the Lessees dispute the service charge and are they prepared to get involved in action against the Landlord?
- Have you obtained a competitive quote for Insuring the premises to compare this with the Landlords insurance demand?
We can still help you with advice on the Tribunal procedures and even assist with completion of the forms, if instructing us to deal with the case is too expensive.