What is service charge?
Service charge is a provision in a lease that requires the landlord to provide services to the property and the tenant to contribute to the cost of those services.
There will be a provision in the lease that will define what services are to be provided and often sets out the mechanics of how the service charge is calculated and paid.
Residential service charge provisions are governed by extensive legislation as well as the provisions of the lease.
For commercial properties, there is no statutory intervention, and it is it is governed by the terms of the lease.
Service charges can be fixed or variable in amount.
How do service charge disputes arise?
Service charge disputes often arise over the extent and scope of the services that are to be provided, the cost of the services and how the service charge is calculated.
Residential service charge disputes normally involve arguments surrounding whether the service charge demands are valid (whether they comply with the statutory legislation as well as the contractual lease provisions) or whether the service charge is reasonable in amount.
A tenant can ask the First Tier Property Tribunal to determine whether a service charge is reasonable.
What can I do if there is a service charge dispute?
If you have a dispute about your service charge, then you should seek legal advice straight away to ascertain what your options are.
Our service charge dispute solicitors have experience handling various service charge disputes.
We can advise on the best dispute resolution method, such as negotiation, or if necessary, tribunal proceedings.
Our property litigation lawyers assess each matter on its own facts and will outline all the options and advise you on the best course of action to effectively resolve your unique service charge dispute.
If you have any issues that you would like to discuss further, please do not hesitate to contact a member of our professional Property Litigation team.
Why Work With Our Property Litigation Team
- Our property litigation lawyers have been ranked as a top-tier law firm by the Legal 500 for the last seven years.
- You will have access to more than 30 property experts across the Myerson Property Group, including commercial property, construction, residential property conveyancing and development.
- You will receive city-quality commercial property legal advice at regional prices.
- We provide a partner-led service to ensure you receive the best legal advice and commercially-minded support.
- Our property litigation solicitors compromise a large team which is capable of meeting your deadlines.
- We understand that each transaction is bespoke to your individual circumstances and that you need support from a property lawyer who is experienced in dealing with a wide variety of clients and types of work.
- We are a full-service law firm operating from a one-site office, which means our teams communicate effectively and efficiently.
- We use the latest technology to ensure that we are working as efficiently as possible and that geographical distance is no bar to us from providing excellent client service.
- We were the winners of ‘Property Team of the Year 2021’ at the Manchester Legal Awards.
- We provide free newsletters and webinars to all our clients to keep you up to date with the real estate sector and changes in the law. Watch our latest property update webinar here.
- Take a look at the Myerson Promise for further benefits of working with us here.
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