Q&As

The landlord pays an estates rentcharge and has been recovering the sums paid via the service charge in a lease with one of its tenants. The scope of the service charge is not wide enough to cover such charges. Can the tenant bring a claim for restitution for unjust enrichment?

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Published on LexisPSL on 25/04/2019

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

  • The landlord pays an estates rentcharge and has been recovering the sums paid via the service charge in a lease with one of its tenants. The scope of the service charge is not wide enough to cover such charges. Can the tenant bring a claim for restitution for unjust enrichment?

Subject to the terms of the lease and any other agreement reached by the parties in respect of the position where service charges paid by a tenant exceed the amount properly due, the tenant’s remedies will include:

  1. repayment of the overpaid sum under a restitutionary claim or a claim in unjust enrichment—see Kleinwort Benson LTD v Lincoln CC, where it was held that recognition should be given to a general right to recover money paid under a mistake, whether of fact or law, subject to the defences available in the la

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