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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Re: Service Charge payment.I am a leaseholder paying annual

Customer Question

Re: Service Charge payment. I am a leaseholder paying annual ground rent and service charges for the past 23 years in an area of 30 properties.

Question: a) Am I obliged to pay the full service charge if:-

i) Under the Commonhold and Leasehold Reform Act 2002, Section 153, a demand for the payment of a service charge from the management committee has NOT been “accompanied by a summary of the rights and obligations of tenants of dwellings in relation to service charges” - In fact, this has never been supplied for the past 13 years;

ii) during the 23 period since the properties were built the (same, internal, resident) management committee have entered into a number of long-term agreements for the provision of replacement services relating to cleaning (2001), gardening / new gardener (c.2005) and gate maintenance (c.2006). This has resulted in an on-going cost of more than £100 pa for all these costs, but there was no consultation with any leaseholders, nor were we served with a notice of intention to procure new services with increased fees. 

b) Does the fact that I paid in full for the previous years (all 22) from 2002 invalidate my dispute to withhold payment now?

c) Do I have to give notice of withholding payment?

Submitted: 2 years ago.
Category: Law