Statute of limitation on service charges

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    Statute of limitation on service charges

    Can anyone tell me how far back a landlord can claim service charges? I thought it was 6 years but the landlord thinks it is 12 years.

    #2
    I think leases are deeds and the limitation is therefore 12 years (from when they were supposed to have been invoiced, not incurred).

    Later payments can also be appropriated to the earlier debts ... so it can be even longer. This presumed they were properly requested (within different time limits) in the first place.

    Comment


      #3
      Presumably correct demands have been sent out within 18 months of the service charges being accrued?
      Or at least, demands that detail the specific amounts that the leaseholders are expected to contribute to as service charges have been sent out (detailing the total for the building, not necessarily the share that each individual needs to pay)?

      If so, 12 years is likely to be correct, unless the lease states that the service charges are "reserved as rent", in which case there may be a possibility of arguing that the limitation is 6 years.

      If no appropriate notification of costs incurred has been sent out, it may not be possible to claim costs that were incurred longer than 18 months ago.

      It is likely to have been a very bad idea to have let over 6 years of charges go unpaid if you are uncertain enough regarding the law to need to ask the type of questions that you are asking now - it could end up working out very expensive.

      Comment


        #4
        Thanks for all your help. It is quite complicated, I do not think that there are any outstanding charges at all but the landlord is trying to go back about 10 years and I just wondered if that is permissible but it looks like it is.

        Comment


          #5
          Originally posted by eoine View Post
          I do not think that there are any outstanding charges at all but the landlord is trying to go back about 10 years and I just wondered if that is permissible but it looks like it is.
          If you have paid all sums that have been demanded (i.e. there are no outstanding sums), the landlord will not be able to claim any sums that were incurred more than 18 months ago.

          Presumably you mean that you haven't paid everything that has been demanded because, for whatever reason, you decided that some sums weren't 'due'?

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