Q&As

If a commercial lease contains a provision to pay service charge but service charge has never been demanded, is there a limit as to what period a landlord can request backdated service charge for?

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 04/01/2019

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

  • If a commercial lease contains a provision to pay service charge but service charge has never been demanded, is there a limit as to what period a landlord can request backdated service charge for?

In the case of commercial premises, the protection afforded to residential tenants by the Landlord and Tenant Act 1985 (LTA 1985) will not apply. As such, in a commercial lease, if the service charges are reserved as rent, the time limit for recovery of the same through the courts (once they become due and the tenant fails to pay on time) is six years pursuant to the Limitation Act 1980 (LA 1980).

If the service charges are not reserved as rent, then the time limit for recovery of the same will be 12 years if the lease has been executed as a

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