Challenging or responding to a challenge to liability for/amount of service charges and major works charges

At Benchmark Solicitors we can advise on:

1. Challenging or responding to a challenge to liability for service charges and major works charges;
2. Challenging or responding to a challenge to the amount of service charges and major works charges;
3. Recovery of service charges or major works charges.

We can assist you with bringing or defending a case in the First Tier Tribunal (Property Chamber) to have the service charges or major works charges assessed. We can also assist you with enforcing any amounts which the First Tier Tribunal (Property Chamber) determines are due.

What do I need to consider when challenging or responding to a challenge to service charge/major works charges liability?

You need to consider:
i. Whether the lease provides for the charges to be recoverable;
ii. Whether the requisite notices have been served, such as service charge demands containing the requisite information and section 20 notices; and
iii. Whether there are any other statutory bars to recovery such as more than 18 months having elapsed since the underlying costs were incurred.

What do I need to consider when challenging or responding to a challenge to the amount of service charge/major works charges?

You must consider whether the charges being demanded have been reasonably incurred.