Service Charge & Tribunal Evidence
for Leaseholders, Landlords and Managing Agents
Most service charge disputes turn on whether the works were needed, whether the cost was reasonable, and whether the landlord consulted properly. We give the First-tier Tribunal evidence on all three.
What We Look At
We inspect the building, review the specification, tenders and invoices, and compare the cost against what the work should reasonably have cost at the time.
Reasonableness. Under section 19 of the Landlord and Tenant Act 1985, service charges are recoverable only to the extent they are reasonably incurred and the work is of a reasonable standard. We test both.
Section 20 consultation. Where major works were not properly consulted on, recovery can be capped at £250 per leaseholder. We review the notices, tenders and timetable against the consultation requirements.
Scott Schedules. We prepare or respond to the Scott Schedule item by item, so the Tribunal can see exactly what is disputed and why.
Single Joint Expert
Where both sides agree, we can act as single joint expert. One report instead of two usually keeps costs down and narrows the issues before the hearing.
We act for leaseholders, residents’ associations, landlords and managing agents, and we manage blocks ourselves, so we know how service charge budgets are built.
Knowing the Process from the Inside
Our director has run his own cases in the County Court, the High Court and the First-tier Tribunal as a litigant in person, so he knows disclosure, witness statements and hearings from the inside. We aim to settle disputes on objective evidence before a hearing, and prepare properly for one if it comes to that.
As well as expert evidence, we can help with structural inspections and party wall disputes.
For more information on any of our services contact us today.
