Applying to the tribunal
Both you and your landlord have a right to ask the tribunal whether a charge, or a proposed charge, is reasonable. However, the law does not define what is ‘reasonable’. The tribunal will consider the evidence presented and then make a decision on the matter.
You and your landlord can apply to the tribunal for a decision on whether a service charge is reasonable, regardless of whether or not you have already paid the charge. Your application can relate to costs your landlord has already paid for work, services or other charges, or can relate to an estimate or budget. However, if you have agreed or admitted responsibility for paying the charges, or the charges have been finally decided by a court or tribunal, or by arbitration following a dispute, you and your landlord cannot apply to a tribunal.
The tribunal is likely to ask the following questions.
- Considering the circumstances, was it, or would it be, reasonable for the landlord to have to pay the costs?
- If so:
- was the standard of the work carried out or services provided of a reasonable standard (or will it be)?
- what are the landlord’s procedures for assessing and controlling the costs, including supervising the project?
You and your landlord can present evidence on any of these matters and question the evidence given by the other person.
The tribunal may also decide:
- whether the service charge must be paid under the lease;
- who must pay the service charge and who they must pay it to;
- the date on which the service charge must be paid; and
- how the service charge can be paid (for example, by direct debit or standing order).
Full details of the procedures and requirements for applying to the tribunal are set out in the LEASE advice guide Application to the First-tier Tribunal (Property Chamber).
Application Form – Service Charge