Q&As

Which address should a service charge demand be served on? Does it make a difference if the lease provides that the notice must be ‘received’ not simply served? If the demand is not validly served will section 20B of the Landlord and Tenant Act 1985 apply in respect of any service charges incurred 18 months before?

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Produced in partnership with Georgia Whiting of Ardmore Group Limited
Published on: 19 October 2018
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There does not appear to be any statutory provision in respect of where exactly a Landlord should serve a Service charge demand. Thus, the first point to consider is what the lease states regarding service.

If there is a service provision contained within the lease, this should therefore be followed.

As there is no statutory provision regarding where to send service charge demands, it would appear that the demand should be addressed to the tenant at the registered leasehold address, unless the tenant has notified the landlord in writing of a different address in England and Wales at which they wish to be given notices (in which case it must be addressed to them there).

This approach can be seen

Georgia Whiting
Georgia Whiting

In-House Legal Counsel, Ardmore Group Limited

Georgia is employed as Legal Counsel at the Ardmore Group, a large family owned and operated construction contractor. Her role is varied and includes both contentious and non-contentious matters. 

Prior to this, she was a self-employed barrister at 4 King’s Bench Walk, where she remains as a Door Tenant. Her work included advising and acting in relation to issues arising out of construction, property development and refurbishment. 

Her common law background also enables her to advise in respect of linked areas relating to property and construction and associated litigation, such as employment, insolvency and negligence. Her time at a City Law Firm prior to obtaining Pupillage also equipped her with an understanding of commercial realities from multiple perspectives.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Service charge definition
What does Service charge mean?

An amount payable by an occupier to an owner, landlord or management company to cover the cost incurred by that party in providing or supplying communal services to a multi-occupied building or development, often calculated on a percentage basis.

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