No service charge payable where Landlord not named on demand
Landlord and Tenant
A service charge demand must contain the name and address of the Landlord otherwise it is not yet payable. In Triplerose v Grantglen and Cane Developments [2012] the Landlord was a Company and the service charge demand named the Landlord as one of the Company Directors. The Upper Tribunal held the service charge was not due and payable as the Landlord’s name (i.e. the Company name) was not stated on the service charge demand. This was the case even though the Tenant suffered no prejudice. The demand had to be re-served.
Landlords must make sure their service charge demands comply with the requirements set down by legislation otherwise it will lead to delay and possible further costs and in some circumstances may result in the Landlord not being able to recover the service charge at all.
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