Time limitation to appeal historic service charges?

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    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?

    #2
    You can go back 6 years although the First Tier Tribunal has been known to go back further on occasions.

    Comment


      #3
      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.




      Comment


        #4
        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.


        Comment

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