The Law on Service Charges is Grossly Unfair: Leaseholders Left to Pick Up the Tab for Landlords' Mistakes
A recent editorial highlighted the need for leasehold reform, specifically tackling the issue of ground rents and the abolition of leasehold altogether. However, it overlooked a crucial aspect that affects many leaseholders: the antiquated law surrounding service charges.
Currently, unless they choose to take on the responsibility themselves, leaseholders have limited control over service charges, which are often administered by managing agents. Despite being entitled to see the accounts, these documents are frequently incomplete or inaccurately presented, leaving leaseholders vulnerable to financial exploitation. In fact, forensic accountants would relish the opportunity to scrutinize these accounts.
The law imposes a significant burden on leaseholders, who must pay service charges and then contest them at the first-tier tribunal. The precedent is that as long as charges are deemed necessary for work done in a reasonable manner, they can be upheld, regardless of the reason for their existence. This lack of transparency and accountability has led to numerous cases where leaseholders have been left with substantial debts, often running into tens of thousands of pounds.
A disturbing trend has emerged from the government's 2020 decision allowing freeholders to build additional storeys without planning permission. These unauthorized developments are undertaken solely for the benefit of the landlord, yet leaseholders are expected to foot the bill for remediation, which can be catastrophic. The fact that the reason for the charge is irrelevant only adds insult to injury.
It's time for parliament to address this glaring injustice. Leaseholders should not be held responsible for the mistakes made by their landlords. Urgent action is needed to reform the law and provide leaseholders with a fair deal.
A recent editorial highlighted the need for leasehold reform, specifically tackling the issue of ground rents and the abolition of leasehold altogether. However, it overlooked a crucial aspect that affects many leaseholders: the antiquated law surrounding service charges.
Currently, unless they choose to take on the responsibility themselves, leaseholders have limited control over service charges, which are often administered by managing agents. Despite being entitled to see the accounts, these documents are frequently incomplete or inaccurately presented, leaving leaseholders vulnerable to financial exploitation. In fact, forensic accountants would relish the opportunity to scrutinize these accounts.
The law imposes a significant burden on leaseholders, who must pay service charges and then contest them at the first-tier tribunal. The precedent is that as long as charges are deemed necessary for work done in a reasonable manner, they can be upheld, regardless of the reason for their existence. This lack of transparency and accountability has led to numerous cases where leaseholders have been left with substantial debts, often running into tens of thousands of pounds.
A disturbing trend has emerged from the government's 2020 decision allowing freeholders to build additional storeys without planning permission. These unauthorized developments are undertaken solely for the benefit of the landlord, yet leaseholders are expected to foot the bill for remediation, which can be catastrophic. The fact that the reason for the charge is irrelevant only adds insult to injury.
It's time for parliament to address this glaring injustice. Leaseholders should not be held responsible for the mistakes made by their landlords. Urgent action is needed to reform the law and provide leaseholders with a fair deal.