Q&As

A buyer has recently bought a leasehold property. There are service charge arrears from a previous tenant (not the buyer's vendor but the vendor's predecessor). Can the landlord claim the arrears from the current tenant?

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Published on LexisPSL on 23/05/2016

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A buyer has recently bought a leasehold property. There are service charge arrears from a previous tenant (not the buyer's vendor but the vendor's predecessor). Can the landlord claim the arrears from the current tenant?
  • Service charges
  • Relationship of landlord and tenant
  • Service charge arrears following assignment of lease

Service charges

Service charges are levied by landlords to recover the costs they incur in providing services to a building. The way in which the service charge is organised is set out in the tenant's lease or tenancy agreement. The charge normally covers the cost of such matters as general maintenance and repairs, insurance of the building and, where the services are provided, central heating, lifts, porters, lighting and cleaning of common areas, etc. The charges may also include the costs of management by the landlord or by a professional managing agent and for contributions to a reserve fund.

Relationship of landlord and tenant

The relationship of landlord and tenant has its origins in the medieval land law and was originally one of contract only. However, from early times the contract conferred an estate or proprietary interest in the land on the tenant without losing all its contractual characteristics. Today, the Law of Property Act 1925 (LPA 1925) provides that a leasehold interest, known as a term of years absolute, is one of the two interests in land wh

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