Q&As

If a service charge demand is not accompanied by a Summary of Rights and Obligations (under the Landlord and Tenant Act 1985) and the leaseholder withholds payment, is the landlord prohibited from pursuing forfeiture action against the leaseholder if there are arrears? Or can the landlord pursue such action once they have rectified the matter by serving a Summary of Rights and Obligations?

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Produced in partnership with Carl Fain of Tanfield Chambers
Published on LexisPSL on 29/08/2019

The following Property Disputes Q&A produced in partnership with Carl Fain of Tanfield Chambers provides comprehensive and up to date legal information covering:

  • If a service charge demand is not accompanied by a Summary of Rights and Obligations (under the Landlord and Tenant Act 1985) and the leaseholder withholds payment, is the landlord prohibited from pursuing forfeiture action against the leaseholder if there are arrears? Or can the landlord pursue such action once they have rectified the matter by serving a Summary of Rights and Obligations?

Under section 21B(3) of the Landlord and Tenant Act 1985 (LTA 1985), a tenant may withhold payment of a service charge if the demand is not accompanied by the summary of rights and obligations in the prescribed form (the s 21B notice).

By LTA 1985, s 21B(4) where a tenant withholds a service charge under LTA 1985, s

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