Service Charge Dispute & Recovery of Rent
Solicitors

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Service charge disputes arise when landlords and tenants disagree on charges owed for services such as maintenance, insurance, property improvements, building works and repairs. Recovering the money you are owed understandably puts you in a tense situation, so we take the necessary steps to resolve all rent and service charges disputes quickly and efficiently.

Our team of experienced negotiators always aims to reach an amicable resolution, avoiding unnecessary stress and delays. Unfortunately, peaceful resolution isn’t always possible and if that’s the case, our service charge and rent dispute solicitors are prepared to fight your case in court.

Property law is complex and our goal is to be your guide so you can reach the best outcome in your situation. Our rent recovery team will give you clear advice, avoiding legal jargon where possible, so you can see the full picture and make informed decisions about your case.

If you need help recovering unpaid rent and service charges, contact our recovery of rent and service charge disputes solicitors in Birmingham, London and Northampton on info@witansolicitors.co.uk to benefit from a free, no-obligation consultation.

Our Services

Whether you are a landlord who is owed money or you are a tenant who believes that the service charges requested by your landlord are unreasonably high, our rent and service charge recovery solicitors can offer strategic advice on how to best handle the service charge dispute. Our expertise covers a wide range of matters, including: 

Rent Recovery

If you want to take action against a tenant in arrears, we can advise you on:

• Taking legal action to forfeit the lease
• Employing a certificated bailiff
• Using rent deposits to cover unpaid rent
• Taking action to recover rent from a sub-tenant
• Winding-up petitions (formal bankruptcy proceedings) 

If you are a tenant who owes rent to their landlord, it is best to seek legal advice quickly before the rent dispute escalates to court. 

Ground Rent Demands

As a landlord, you can take action to retrospectively recover ground rent for up to six years, in compliance with the official lease agreement. To demand a ground rent payment, you need to submit a formal written demand. Our rent recovery solicitors can ensure that your demand complies with all legal requirements and if you haven’t had a response from the tenant within the mandatory time frame, we can make a money judgment application on your behalf.  If the tenant has been in arrears for more than three years and owes more than £350 in ground rent, we can advise you on the available lease forfeiture proceedings. 

Service Charge Demands

As a landlord, if you wish to recover rent and service charges owed, you are required to make a formal service charge demand to the tenant. For the demand to be valid, it must feature important details such as a cost estimate and a notice of tenant’s rights. It must also be in compliance with the lease and a specific time frame must be complied with. Our service recovery lawyers will ensure that your demand is in line with all necessary requirements and that all documents are submitted on time to prevent your demand from being invalidated.  If you are a tenant who believes that the demanded charges are unreasonable due to below-par services or shouldn’t have been required at all, and wish to apply to the First-Tier Tribunal, we can offer legal support. 

Service Charge Recovery

If the tenant fails to comply with a valid service charge demand, we can take action to apply to the County Court for a money judgment. The Court can then utilise various enforcement methods (e.g. attachment of earnings, charging orders) to obtain payment on your behalf.

If you wish to forfeit the lease, we can assist you with the legal proceedings you need to undertake, starting with serving Section 146 notice to the tenant and any follow-up action required.

Rent & Service Charge Dispute Resolution

We always strive to diffuse service charges disputes before they escalate. Our team specialises in alternative dispute resolution (ADR) techniques, including mediation, arbitration and negotiation. This allows us to resolve issues as quickly as possible with as little disruption. 

If you’re a landlord who needs to fight a Leasehold Property Tribunal claim or if you would like to take legal action against a defaulting tenant, and peaceful dispute resolution has failed, our rent and service charge recovery solicitors can represent you in formal litigation proceedings. With Witan Solicitors in your corner, you know you are in the right hands, as we fight to win every case and we have been doing so successfully since 1986.  

Rent & Service Charge Recovery Costs

At Witan Solicitors, we understand that when you are trying to recover money owed for rent and service charges, the last thing you want is to have to worry about steep legal fees. This is why we offer transparent and affordable legal services.

From our fixed-fee services to kick-start your case and give you a clear picture of what you can expect from the next steps and our competitive hourly rates to the no win no fee solutions and alternative litigation funding solutions on offer, we have a wide range of funding options that allows anybody to gain access to first-class legal help. 

Why Choose Witan Solicitors?

• 100+ Years of Experience: We rely on more than a century of combined experience to resolve all rent-related matters 
• Winning Cases Since 1986: Our expertise in dispute resolution is backed up by an outstanding track record of success 
• Legal 500 Recognised: Our Solicitors have been recognised in the Legal 500
• Industry Experts: We constantly update our knowledge to ensure we can offer the best legal advice to our clients
• Multilingual Support: With the ability to speak more than 10 languages, our team is well-equipped to assist on international matters, as well
• Rent recovery solicitors near you: Our rent recovery solicitors advise clients from our offices in Birmingham, London and Northampton

Find out whether Witan Solicitors is the right match for your needs – schedule your initial consultation with one of our rent and service charge lawyers free of charge. Email us at info@witansolicitors.co.uk as soon as possible.

FAQ

What is meant by “service charges”?

Service charges are paid by the leaseholder to the landlord in addition to rent charges. These payments are used to cover the cost of providing services to the property incurred by the landlord. 

What do I need to do to recover service charges?

To recover unpaid service charges, you need to submit a formal request within 18 months of the expense being made. You can only recover money from a tenant if the tenant has been given notice of the due payment within the set timeframe. 

When is a service charge demand considered invalid?

Under Section 20B of the Landlord and Tenant Act 1985, the landlord must make any service charge demands within 18 months of work completion, otherwise, the demand is deemed invalid and the tenant has no obligation to pay. It’s up to the landlord to prove that their demand is valid. 

What legislation covers service chargers?

Commercial service charges are regulated by the official commercial lease signed between the landlord and the tenant. Members of the RICS (The Royal Institute of Chartered Surveyors) are obliged to follow the management standards described by the 2019 RICS Service Charges in Commercial Property (1st edition) professional statement. 

For residential charges, you must comply with the following statutory legislation:

• The Landlord & Tenant Act 1985
• The Commonhold and Leasehold Reform Act 2002
• The Service Charges (summary of rights and obligations, and Transitional Provisions) (England) Regulations 2007