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?

read titleRead full title
Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 19/10/2018

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

  • 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?

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 in respect of the Court of Appeal decision in the case of Metropolitan Borough Council v Tanna. There, Lewison LJ (with whom Arden LJ agreed) considered the decisions of the Divisional Court in Newham LBC v Ahmed and of Cranston J in Newham LBC v Miah and agreed with the conclusions reached. He held:

‘…I would hold that as a general rule, unless there is a statutory

Related documents:

Popular documents