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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 11577
Experience:  Dual qualified Solicitor and Attorney
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I owe a part-rent, part-buy flat in London borough of

Customer Question

Hello, I owe a part-rent, part-buy flat in London borough of Southwark. I have just received notification by mail from our lease holder that we must pay dues on our 2019 yearly contribution due to a calculation error when they ran the end of year financials. We already pay £413 a month and they are requesting £672 to cover their mistake in 2019. I believe this is outside of the 18-month recovery period and do not think we should have to pay this charge but I’m not sure how to proceed with raising this to the lease holder?
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: London borough of Southwark, England
JA: Has anything been filed or reported?
Customer: No not yet I have just received the letter The letter does include a 1 page of our tenants rights and the service charge accounts for 2019
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no I think this is all
Submitted: 8 days ago.
Category: Property Law
Expert:  Jeremy Aldermartin replied 8 days ago.

If this relates to service charges where did you get the 18 month recovery period indication from?

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Customer: replied 8 days ago.
Hey Jeremy thanks for helping with this. To confirm this does relate to service charges. I only mentioned an 18 month recover period as I googled whether this was in my rights to dispute this fee, I’m at a loss where to begin really so you can ignore my speculations! Thanks
Expert:  Jeremy Aldermartin replied 8 days ago.

I see well the Property Tribunal decided in Cain v Islington Borough Council [2015] UKUT 542 (LC) that service charges can be recovered for a 6 year period. Therefore, despite the error they can request further payments in accordance with the service charge formula set out in your lease. I trust this assists

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