Q&As

Can you levy a demand for service charge incurred in the interim period before the purchase of the head lease by serving a demand on the headlessee, so that in turn it can recover from the flat lessees?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 10/01/2019

The following Property Disputes Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can you levy a demand for service charge incurred in the interim period before the purchase of the head lease by serving a demand on the headlessee, so that in turn it can recover from the flat lessees?

The payment and recovery of service charges is primarily determined by the relevant provisions of the applicable lease, subject to some statutory regulation. The general position is that the lessee of a flat is liable to pay service charges to their landlord, which will be the freeholder or, where there is an intermediate lease, the intermediate leaseholder as the immediate landlord. The requirement to pay a service charge is contractual and there will usually be no privity of contract existing between the lessee of the flat and a superior landlord where there is an immediate landlord in between.

Where an intended purchase is of a head

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