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Service Charge Disputes

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Simon Waterfield
  • Simon Waterfield
  • Partner & Solicitor
  • Home
  • Landlord & Tenant
  • Service Charge Disputes
Meet the team

Experts in handling service charge disputes

Service charges in property leases are charges levied by the landlord to the tenant for the provision of certain services outlined in the lease agreement. Common examples of service charges can include:

  • Building repair, maintenance and improvement costs
  • The upkeep and management of the “estate” and/or “communal areas”
  • Insurance liabilities
  • In some leases, the supply of utilities such as gas, electricity and water

The service charges can go up or down during the duration of the lease. They are controlled by the landlord who usually has the expenditure certified by their accountant. In many cases, this certification is strong documentary evidence that the charges being passed on to the tenant are “reasonable”.

Disagreements concerning service charges

Problems between a landlord and tenant can often arise when the tenant does not agree with an increase to their associated services charges, or due to the fact that they are unable to afford them.

The tenant may also argue that certain charges for repairs or improvements are being carried out unnecessarily and are not essential, or that the work being done isn’t to a good standard.

Furthermore, arguments often arise in respect of communal areas or plant/machinery (lifts and escalators being the classic examples), where the tenant will often seek to argue that such plant/machinery does not benefit them and so they ought not to pay.

In any of these instances, if you are a landlord and are experiencing these issues with a tenant then it is vital to seek legal advice and expertise as soon as possible to know where you stand.

How we can help with service charge disputes

At Nelsons, our property dispute solicitors can provide assistance with service charge disputes for landlords. We have a proven track record of getting the best possible outcome for our clients in these type of disputes.

Arguments regarding service charge costs can often be time consuming, expensive and cause a great deal of stress. But they don’t need to be. Our team manages the risks for our clients, anticipating potential hurdles and try to resolve each service charge dispute in the most time and cost efficient manner.

The team will always consider forms of Alternative Dispute Resolution, such as mediation, in an attempt to stop a case going to Court. But if it does, our teams’ strategic expertise counts for everything.

Our expert team is recommended by the independently-researched Legal 500 as one of the top teams of specialists in the country.

If you are landlord involved in a service charge disagreement with a tenant, please contact a member of our team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form.

  • "Absolutely first rate communication. All actions taken are clearly explained and all advice given very easy to understand. Could not be any more helpful."

    Client Feedback
  • "Nelsons Solicitors Limited's team, which is based in Nottingham and Derby, has particular expertise in commercial and residential landlord and tenant disputes, planning law cases and breach of contract disputes. Simon Waterfield has vast experience of landlord and tenant disputes, including those concerning forfeiture, dilapidations and contested rent review applications. He also has niche expertise in flooding disputes. 'Friendly and professional' associate Oliver Maxwell is particularly active in commercial landlord and tenant matters, easement disputes and claims involving the interpretation and enforcement of overage agreements."

    Legal 500
  • "Nelsons' approach is always commercial, and you are always left with the feeling that its team is giving you the right advice, rather than the advice that feathers its own nest."

    Client Feedback

Find out how Nelsons can help you. Contact our friendly team for a guaranteed fast response.

For advice and support 0800 024 1976
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Nelsons Solicitors Limited is a limited company registered in England and Wales (Reg No: 07219010) and a wholly owned subsidiary of Nelsonslaw LLP, a limited liability partnership registered in England and Wales (Reg No: OC335458).  Their registered offices are at Pennine House, 8 Stanford Street, Nottingham, NG1 7BQ. A list of members of Nelsonslaw LLP may be inspected at the registered office. Nelsons Solicitors Limited and Nelsonslaw LLP are authorised and regulated by the Solicitors Regulation Authority. Nelsons Solicitors Limited is authorised and regulated by the Financial Conduct Authority. Our notaries are regulated by the Faculty Office. Nelsons Solicitors Limited’s VAT No is 385 184 329.

 

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