Q&As

A residential lease specifies the tenant's service charge contribution of the total expenditure at 25% but the lease permits the landlord to vary the percentage contribution (subject to a reasonableness caveat). If the landlord increases the percentage, can he retrospectively apply the increased percentage and recover the balance from the tenant in respect of previous service charge demands?

read titleRead full title
Produced in partnership with Christopher Snell of New Square Chambers
Published on LexisPSL on 05/12/2017

The following Property Q&A Produced in partnership with Christopher Snell of New Square Chambers provides comprehensive and up to date legal information covering:

  • A residential lease specifies the tenant's service charge contribution of the total expenditure at 25% but the lease permits the landlord to vary the percentage contribution (subject to a reasonableness caveat). If the landlord increases the percentage, can he retrospectively apply the increased percentage and recover the balance from the tenant in respect of previous service charge demands?
  • Timing
  • Retrospective

In this Q&A there are no section 20B Landlord and Tenant Act 1985 (LTA 1985) issues as notices have previously been served. The Q&A considers whether or not a term in a residential lease permitting a landlord to increase a tenant’s service charge contribution can be applied retrospectively.

Whilst a lease may define the percentage service charge that a tenant is liable to pay, statute limits the amount that may be recovered from tenants of dwellings by way of service charge. The landlord may recover no more than is ‘reasonable’ notwithstanding any contrary provision in the lease.

Relevant costs are to be taken into ac

Related documents:

Popular documents