If a letter has just landed asking for thousands and the work was done years ago, the first thing to check is not your bank balance. It is whether the demand is even valid.
Five free checks you can do yourself before you send a penny. If the demand is out of time, missing the statutory notices, or includes major works that were never consulted on, parts of it may not be enforceable.
Run the 5 checks →General information, not legal advice. Always seek professional counsel on your specific circumstances.
Check the invoice dates on the demand against the date the demand was served. Section 20B LTA 1985Section 20B, Landlord and Tenant Act 1985. Costs incurred more than 18 months before a demand are not recoverable unless the landlord notified the leaseholder within that 18-month window. Source says a landlord cannot recover costs incurred more than 18 months before the demand, unless you were notified within that 18-month window.
What to do: Find the work order or invoice showing when the work was done. Count back 18 months from the demand date. If the work is older than that and you received no letter or notice about it within 18 months of the work, the Section 20B defence is likely available.
Even if the costs are within 18 months, the original demand must have been valid. Sections 47 and 48 LTA 1987Landlord and Tenant Act 1987, ss.47 and 48. Every written demand for rent or service charges must contain the landlord's name and address (and, if it is outside England and Wales, an address in England or Wales for service of notices). Amounts can be treated as not due until the requirement is met. Source require every service charge demand to include the landlord's name and address. Section 21B LTA 1985Section 21B, Landlord and Tenant Act 1985. Every service charge demand must be accompanied by a Summary of Rights and Obligations in the prescribed form. If it is not, the leaseholder may withhold payment until the summary is supplied. Source adds the requirement to include a Summary of Rights and Obligations.
What to do: If you have the original demand from years ago, check it contained these details. If it was defective, the amount can usually be treated as not yet due. If you never received a demand at that time, that strengthens your position.
Your lease specifies when and how service charges are payable: quarterly, half-yearly, annually, in advance or arrears. It also sets out what happens if payment is late.
What to do: Look for the service charge provisions in your lease. If you're being chased for amounts outside the schedule you agreed to, or if there's a dispute about timing, that's defensible. → Ask LEASE-iQ: "What does my lease say about when service charges are payable and what happens if payment is late?"
If back charges include major works costing any leaseholder more than £250, Section 20 consultationSection 20, Landlord and Tenant Act 1985, as amended. Full procedure is set out in the Service Charges (Consultation Requirements) (England) Regulations 2003. Triggered when any leaseholder's contribution would exceed £250 for works, or £100/year for long-term agreements. Source must have been completed before the work started. Without consultation, recoverable cost per leaseholder is usually capped at £250.
What to do: Ask the landlord or managing agent in writing for copies of the Section 20 notices. If they cannot provide them, or the consultation happened after work began, the £250 cap is likely to apply.
Footnote: a landlord who skipped or botched consultation can apply to the First-tier Tribunal for dispensation under Section 20ZASection 20ZA, Landlord and Tenant Act 1985. The tribunal can dispense with the consultation requirements if it is satisfied it is reasonable to do so. The leading case is Daejan Investments Ltd v Benson [2013] UKSC 14, which shifted the focus to whether the leaseholder was prejudiced by the failure to consult. Source. If dispensation is granted, the cap does not apply, so check whether any such application has been made.
Once you have checked the above, you have two formal paths:
Three quick questions. No data is saved or sent anywhere. Output is general information, not legal advice.
If the costs are more than 18 months old and you weren't notified at the time:
If you're unsure whether they're time-barred, or if they're recent but seem excessive:
Your lease specifies: what costs can be recovered as service charges, who pays what percentage, when payments are due, and whether certain works require consultation. The statutory rules (Sections 20, 20B, 19, 21) apply on top of the lease. If the lease is more restrictive than the statute, the lease terms apply.
Ask LEASE-iQ: "My freeholder has sent me a demand for [describe charge]. Using my lease: (1) What is my service charge apportionment? (2) Does the lease authorise this type of charge? (3) Is there a Section 20 requirement in the lease? (4) Are there any limits on management fees? (5) Is there anything that would prevent this charge being recovered?"
Sometimes the checks come back clean. The costs are recent, the notices are in order, and the lease authorises the charge. In that case your options narrow to two:
Copy this. Fill the highlighted bits. Send by recorded delivery and keep the receipt. The letter is deliberately neutral and procedural. It puts the burden on the freeholder or managing agent to prove the demand is valid, and it preserves your right to apply to the First-tier Tribunal if they cannot.
LEASE-iQ reads it in minutes.
Check your lease →