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ARTICLE · 06 NOVEMBER 2024

Residential Service Charges: A Practical Guide For Landlords

Ronald Fletcher Baker LLP
Ronald Fletcher Baker LLP
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Ronald Fletcher Baker LLP

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Landlords must ensure service charges are "reasonably incurred" and meet a "reasonable standard" per the Landlord and Tenant Act 1985, with proper record-keeping, transparent communication, and multiple bids to protect against leaseholder disputes.

United KingdomReal Estate and Construction

One common issue faced by landlords and managing agents of leasehold properties is leaseholders challenging the reasonableness of service charges.

When determining whether a particular service charge item is payable, the first step is to assess whether it falls within the service charge provisions of the lease.

If it does, the Landlord and Tenant Act 1985 provides that:

"The landlord may only include costs in the service charge to the extent that the costs were reasonably incurred and the works or services to which they relate were carried out to a reasonable standard."

The amount of any advance payment for service charges must be reasonable.

Any costs that fail these reasonableness tests cannot be included in the service charge. Tenants have the right to apply for a determination as to whether a service charge is payable under section 27A of the Landlord and Tenant Act 1985 (LTA 1985).

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