Tenant Escaping Service Charge Liability

Landlord and Tenant

Tenants under long leases of dwellings are not liable to pay service charge if the costs were incurred more than 18 months before the demand is made.  The rule does not apply if within the 18 month period the Tenant was notified in writing that the costs had been incurred and the Tenant would have to subsequently pay them.  In a recent case of Jean-Paul v London Borough of Southwark (2011) it was held that Tenants were liable for service charge demanded more than 18 months after the costs incurred as chaser letters sent following an estimated demand were sufficient notification.