Challenging a service charge
What the law says, with each rule linked to the statute, and what the tribunal decided for buildings near you. This page is information, not advice: for advice about your own lease, contact LEASE.
Decisions near W10 5SD
Based on 128 decisions within 2 km of W10 5SD.
about 46% of the 24 service charge challenges with a readable outcome ended with some charge reduced or not payable. Items most often disallowed or reduced: other (8), repairs and maintenance (5), management fees (3), utilities (2), administration charges (2).
- Garden Flat, 3 Bonchurch Road, London, W10 5SD · service charges · reduced · 31 Jul 2023 · 0.0 km
- 286 Ladbroke Grove, Notting Hill, London, W10 5LP · dispensation from consultation · dispensation granted · 15 Apr 2025 · 0.2 km
- 286 Ladbroke Grove, London, W10 5LP · dispensation from consultation · dispensation granted · 21 Mar 2023 · 0.2 km
- 64 Cambridge Gardens, London, W10 6HR · dispensation from consultation · dispensation granted · 10 Mar 2021 · 0.4 km
- 84 Cambridge Gardens, London W10 6HS · dispensation from consultation · dispensation granted · 7 Jan 2019 · 0.4 km
- 269a Portobello Road, London, W11 1LR · breach of lease · other decision · 29 May 2025 · 0.5 km
- Various flats at Quayside House, 302 Kensal Road, London W10 5BL · service charges · reduced · s.20C order made · 26 Feb 2020 · 0.6 km
- Flat 5, 61 Lancaster Road, London, W11 1QG · service charges · not payable · s.20C order made · 9 Mar 2022 · 0.6 km
- 20A St. Quintin Avenue, London, W10 6NU · dispensation from consultation · dispensation granted · 23 Feb 2026 · 0.6 km
- Flat 4 (2nd Floor Flat) 127 Ladbroke Grove London W11 1PN · service charges · reduced · 27 Sep 2021 · 0.6 km
All 128 decisions near W10 5SD.
Past decisions are not a prediction. Each tribunal decides on the evidence in front of it.
The rules, as the statute states them
- Only reasonable costs can be charged
- Section 19 of the Landlord and Tenant Act 1985 says relevant costs are taken into account in a service charge "only to the extent that they are reasonably incurred", and works or services only if they are "of a reasonable standard". s.19, legislation.gov.uk.
- The tribunal can decide whether a charge is payable (section 27A)
- Section 27A says an application may be made to the tribunal "for a determination whether a service charge is payable and, if it is", by whom, to whom, how much, when and how. It applies "whether or not any payment has been made". It does not apply to a matter the tenant has agreed or admitted, or that a court or arbitration has decided. s.27A, legislation.gov.uk. The application form and the fee are on GOV.UK.
- The 18-month rule (section 20B)
- Section 20B says that if relevant costs were incurred more than 18 months before a demand for payment is served, the tenant "shall not be liable to pay so much of the service charge as reflects the costs so incurred", unless within those 18 months the tenant was notified in writing that the costs had been incurred and would later be required to be paid. s.20B, legislation.gov.uk.
- Consultation on major works (section 20)
- Section 20 limits what can be recovered for "qualifying works" and "qualifying long term agreements" unless the consultation requirements have been complied with or the tribunal has dispensed with them (section 20ZA). The Service Charges (Consultation Requirements) (England) Regulations 2003 set the thresholds: works costing any one tenant more than £250, and agreements costing any one tenant more than £100 a year. s.20, s.20ZA, the 2003 Regulations, legislation.gov.uk.
- The landlord's costs of the case (section 20C)
- Section 20C says a tenant "may make an application for an order that all or any of the costs incurred, or to be incurred, by the landlord in connection with proceedings" before the tribunal "are not to be regarded as relevant costs" in a service charge. The tribunal makes the order if it considers it "just and equitable in the circumstances". s.20C, legislation.gov.uk. On this site: in 634 of 1,016 decisions where the order was asked for and decided, it was made.
- A demand must come with a summary of rights (section 21B)
- Section 21B says a demand for payment of a service charge "must be accompanied by a summary of the rights and obligations of tenants of dwellings in relation to service charges", and a tenant "may withhold payment" of a charge demanded without one. s.21B, legislation.gov.uk.
Statutes change. The Leasehold and Freehold Reform Act 2024 amends several of these provisions as its sections are brought into force; LEASE keeps a current guide. Each statement above is quoted from or paraphrases the section linked; the link is the authority, not this page.
This is information, not legal advice. For advice about your situation, contact LEASE or a solicitor.