Q&As

Can arrears of service charge (if properly incurred) be recovered throughout the term of a lease, or is this subject to a limitation period?

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Published on LexisPSL on 13/03/2020

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

  • Can arrears of service charge (if properly incurred) be recovered throughout the term of a lease, or is this subject to a limitation period?

Can arrears of service charge (if properly incurred) be recovered throughout the term of a lease, or is this subject to a limitation period?

Many leases allow the landlord to recover from the tenant monies expended towards the maintenance and upkeep of the property and any common areas by way of a service charge. Different leases will make different provisions as to how service charges are recovered, when they are payable, and for what they can be charged.

There are various statutory provisions that apply to residential service charges. These include the provisions of section 20B of the Landlord and Tenant Act 1985 (LTA 1985), which state that a leaseholder is not liable to pay a service charge unless a demand for payment has been sent in accordance with the statutory requirements for demands for service charges, within 18 months of the cost having been incurred, or, if the landlord has notified the leaseholder in writing within that

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