Ground Rents & Service Charges

Service charges and ground rent payments are two areas often misunderstood by both landlords and tenant and this confusion can lead to disputes.

Service charges are provided for in the tenancy or lease between the parties and will generally involve a payment from a tenant to the landlord to cover various communal costs, including general maintenance, insurance, cleaning, and gardening services.  Landlords are required to follow various procedures when raising invoices for certain types of work and where these processes are not followed, the monies may not be recoverable.

Simiarly, a Landlord’s right to recover Ground rent is set out under the terms of a lease. However, it is frequently the case that these terms are either unclear or the lease itself is no longer available.

Not all disputes can be avoided but we often find that obtaining early advice and taking pre-emptive steps can certainty help.
Amelia Pine

Landlords

Often landlords or their managing agents experience non-payment of service charge and/or ground rent. This can have a knock on effect, especially where a landlord relies on this payment to maintain the building.

Here at Nash & Co we are able to offer cost effective solutions to assist landlords in recovering the sums due often without the need for the courts involvement.

Tenants

Disputes can arise over the service charge being requested by the landlord. This often arises as a tenant feels the amount due is too high for the services provided, or do not fully understand what the service charge is for or where a landlord has failed to provide the prescribed information.

We can assist in resolving disputes. We can help tenants understand the purpose of a service charge and how it can be calculated. We can also advise landlords on the information which must be provided to a tenant and the formal procedure which must adhere to where the landlord intends to carry out works which will cost a tenant more than £250.00.

Are you a landlord or Management Agent?

If you are a landlord or management agent and are experiencing difficulties with a tenant for non-payment or disputing the service charge and are not sure how to proceed then pick up the phone to our team who will be more than happy to assist.

We would recommend residential tenants contact Shelter in the first instance, as it provides free legal advice to tenants.  Visit:

https://england.shelter.org.uk

What next?

After this, if you still require advice please do not hesitate to contact us to discuss the options available to you.  Please contact Amelia Pine on 01752 827089 or email her on [email protected]

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