Residential service charge disputes

Both residential and commercial landlords aim for a 'clear lease': where the costs of repair, maintenance and provision of services are met by the tenants rather than being deducted from the rent received.

Where a building is in multi-occupation it is sensible for repair, maintenance and services to be controlled by the landlord, with the costs being recovered from tenants through the service charge.

In commercial leases, the tenant's obligation to pay service charge, and the landlord's ability to recover costs, are entirely contractual. In residential leases the tenant's obligation to pay depends on there being a contractual service charge clause, but the landlord's ability to appoint managing agents, carry out works and to recover costs is heavily regulated by statute. For further information on commercial service charges, see our Commercial service charge disputes—overview.

Statutory control

Sections 18–25 of the Landlord and Tenant Act 1985 (LTA 1985) cover limitations to and reasonableness of service charges, requests for a summary of relevant costs, the duty to consult, and other related issues. Any service charge demand must be accompanied by a formal summary

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