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Service charges - Ts' rights |
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This is a summary of the various statutory rights now given to Ts in
relation to service charges:
- Service charges must be reasonably incurred. They are not payable unless the
standard of work and services rendered are reasonable. Advance payments must
be reasonable.
- There is a right of reference to the LVT to determine all disputes in connection with
service charges.
- There is a time limit of 18 months for L to recover service charges, unless it serves
notice that such charges have been incurred and that T will be expected to
contribute.
- L must offset any grant he receives against service charges passed onto T.
- All demands for service charges must be in writing and must contain L’s name and
address. The charge is not payable until this information is given, and if L’s address
is outside England and Wales the demand must contain an address in England and
Wales.
- Money collected by L must go into a bank account (and is subject to a statutory
trust).
- A summary of service charges can be demanded by T. T can also request sight of
receipts and further financial information. There is a right for an audit by a Tappointed
accountant or surveyor.
- There are complex and stringent consultation requirements before L can undertake
works or enter into agreements for the provision of services.
- There are restrictions when L seeks to exercise rights of forfeiture and re-entry (this
can only be done with the leave of the LVT, or if T has admitted the arrears).
- L cannot serve a valid s146 notice where the amount of service charges, etc total
less than £350, or have been outstanding for less than three years.
One extra right to notice is that since October Ls of blocks of flats must,
each time they send a demand for service or admin charge, supply Ts
with information on their legal rights (as digested above). See [2007]
200 Property Law Journal 19. © Practical Lawyer
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January 2008 |