Time limitation to appeal historic service charges?

  • Filter
  • Time
  • Show
Clear All
new posts

    Time limitation to appeal historic service charges?

    I thought that this would be easy to find but no....

    It's come to my notice that each year a charge has been applied to the service charge account which should not be there as the lease does not allow it.

    How many years can one go back when looking for recompense from the freeholder please?

    You can go back 6 years although the First Tier Tribunal has been known to go back further on occasions.


      Did you pay the sum without disputing it? If you did pay each year without making it clear you paid in dispute the FTT may deem you agreed the charges so cannot now dispute them. However, going forward, you can ensure you do not pay the charge again.

      Further, you could write to the freeholder now querying the charge for the past x years and requesting a refund. If they do not refund you, you could consider withholding the sum you believe is owed from future service charges though there are complexities if you adopt this route.

      Money you claim the freeholder owes you does not absolve you from making payment of other service charges and the freeholder could take action related to unpaid sums. In this event, you would be able to counter claim but one never knows what courts will decide.

      Finally, are you sure the lease does not allow the service charge? You might want to let us know the nature of the charge and quote any relevant lease clauses.


        Hello vmart

        My apologies for the delayed response - I didn't receive notification of your response.

        Re did I, "pay the sum without disputing it" - I'm not sure that I ever pay it. I pay service charge demands in advance based on a budget and if the year comes in under budget, then the surplus is returned or paid into the reserve fund. Does that suggest that I have paid it or has the managing agent taken payment from my pre-payment? It may be the same thing.

        I drew the agent's attention to the issue as soon as I discovered it after requesting further paperwork and finding that the invoice then provided covered services not covered by the lease.

        Your 2nd paragraph is the one that I'm currently following.

        As this is an ongoing claim, I'm not inclined to indicate the nature of the charge, but I take your point that it would give context.

        Thanks to both of you for your input.


        Latest Activity


        • Reply to collective enfranchisement
          by sgclacy
          I think I have found the answer:-

          Hague - Leasehold Enfranchisement (seventh edition) at 24-01

          It is considered that to be a participating tenant, the lessee must be registered at the HM Land Registry as proprietor of the lease at the relevant date

          The note...
          22-05-2022, 21:37 PM
        • collective enfranchisement
          by flyingfreehold
          Does a leaseholder have to be a registered proprietor to join a collective? Or is it sufficient for her/his/it to be a transferee whose interest is not yet registered?
          21-05-2022, 18:51 PM
        • Section 20
          by Anna1985
          So the lease allows for the property to be kept in good condition.
          Thus, the shared hall could be spruced up no problem, but there is an issue with driveway - partially it belongs to the freeholder, partially to the ground floor leaseholder - it is made out of the old paving stones, it looks...
          22-05-2022, 21:03 PM
        • Old managing agents accounts
          by jazzythumper
          Since obtaining the RTM and changing the managing agent, we have never been given full accounts / receipts for the previous year(s). We believe that as the old freeholder and leaser holder of one of the flats were represented by the same solicitor that prior to the sale of the freehold, we were subsidising...
          20-05-2022, 11:21 AM
        • Reply to Old managing agents accounts
          by jazzythumper
          Thanks, how would I do that, what evidence would I need to provide?...
          22-05-2022, 20:10 PM
        • Building works & S20 process
          by RichA
          Hi. I have a freehold after selling a leasehold flat in a block of 4 flats. We don't currently have a managing agent, so these duties currently fall to me (I am holding off appointing a managing agent whilst the leaseholders consider whether they want to RTM).

          The block needs some maintenance...
          21-05-2022, 17:20 PM
        • Reply to Building works & S20 process
          by scot22
          What if something goes wrong ? You need a surveyor to safeguard your interests. There are some untrustworthy roofers, and other trades.
          It is better to follow standard procedures. From experience I would not follow informal routes. O.K when everyone reasonable and cooperative but things can...
          22-05-2022, 19:39 PM
        • Reply to Building works & S20 process
          by RichA
          If the work is 'contracted' by the leaseholders rather than the freeholder does that remove the requirement for a S20?

          eg if the 4x leaseholders wish to accept a quote and get the works done (including making payment) does this avoid S20 consultation?
          22-05-2022, 18:51 PM
        • Reply to collective enfranchisement
          by sgclacy
          I think the new lessee is unable to join because of the registration gap


          the lessees predecessor who is holding the property on trust of course for the new lessee until the registration is complete...
          22-05-2022, 06:15 AM
        • Reply to collective enfranchisement
          by flyingfreehold
          at risk of answering my own question, the leaseholder has to prove title which is a bit difficult if not registered........
          21-05-2022, 21:23 PM