For Jo C Regarding The Landlord and Tenant Act 1985 I own a number leasehold properties that I have to pay service charges. A management company is appointed by the freeholder. In one particular case my letting agent told me that repairs weren't being carried out on the block - e.g lead had been stolen from the porch roof, subsequently letting in rain, and fly tipping was not removed from the car park. When the service charge came in, I disputed as although they had charged it in full.
Can I rely on
Section 18 (1) of the Act defines a service charge as ‘an amount payable by a tenant of a dwelling as part of or in addition to the rent (1) which is payable, directly or indirectly, for services, repairs, maintenance, improvements or insurance or the landlord’s costs of management; and (2) the whole or part of which varies or may vary according to the relevant costs.’The items included in (1) above are those required to be reasonable and on which a LVT may make a determination of reasonableness. Note that the definition in section 18(1) does not overrule the lease. The item or service must still be included in the lease in order to be chargeable. All demands for service charges must be in writing and must contain the landlord’s name and address. The service charge is not payable until this information is given and if the landlord’s address is outside England or Wales, the demand must contain an address in England or Wales at which notices may be served by the leaseholder.
As on the invoice there is no mention of the landlord, only the address of the letting agent, and management accounts are not produced to show how the charges are calculated?
Originally poster for Jo C (expert-remus2004) as I have had answers from her before.
Maybe its because of the Easter break?
Yes, please find an expert if Jo C is not available,
The link is a copy of the lease, however, the management co has changed.
The Management did not provide a summary of rights and the charges are greater that £250.