NBLO obtains significant Service Charge Reduction for London Flat Leaseholder

NBLO recently acted for the leaseholder of a long lease in central London in a dispute concerning the recoverability of service charges for extensive repair works undertaken by the landlord.

Although the landlord had broadly complied with the consultation requirements under the Service Charges (Consultation Requirements) (England) Regulations 2003, our review of the lease identified a key point: unlike standard residential long leases, this particular lease expressly placed responsibility for roof repairs on the landlord and this position had been admitted to the leaseholder by the landlord’s representatives on a previous occasion.

Through careful analysis of the lease terms and well-documented correspondence with the landlord, NBLO made detailed representations regarding the scope of the parties’ obligations and the reasonableness of the service charge in accordance with section 19 of the Landlord and Tenant Act 1985.

As a result, NBLO successfully secured the exclusion of all expenses relating to roof repairs from the service charge, achieved a substantial reduction in the amount the landlord sought to recover, and avoided the need for First Tier Tribunal proceedings under section 27A of the Landlord and Tenant Act 1985.

Kamen Shoylev and Dragos Iordache acted for the leaseholder.