Landlord and Tenant
A landlord sending out service charge demands must also send a summary of the tenant’s obligations and rights in relation to the charge. The summary must be in the form set out in the Landlord and Tenant Act 1985. A tenant can withhold payment of a service charge if the demand is not accompanied by the summary.
In the case of Tingdene Holiday Parks v Cox a summary sent 11 days after the demand was ruled to have not accompanied the service charge demand. The summary was also not in the form required and therefore did not comply with the legislation.
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