What proportion of the service charge does a leaseholder have to pay? The obvious answer is whatever percentage of the service charge the tenant has covenanted to pay under his lease. But what if the lease does not state a fixed percentage and provides that the tenant shall pay a “fair” or “reasonable” proportion of the service charge, to be determined by the landlord?
Tenants now have far greater scope to challenge the apportionment of service charges.
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Nicola Muir discusses this in detail in this article published in the Estate Gazette, 03 October 2015.
Marc Glover has been instructed as Prince Hussam's lead counsel in the dispute since 2023, having taken over from John Wardell KC (Wilberforce). Peter Arden KC (Erskine Chambers) and Geraint Jones KC (3 Paper Buildings), were engaged with Marc in the Petition hearing, along with Tanfield’s Hugh Rowan. Marc and Hugh were assisted Sami Allan, Pupil Barrister at Tanfield Chambers. Stephen Moverly-Smith KC (XXIV) and Adam Baradon KC (Blackstone) acted on behalf of MTC.
After years of talk on meaningful reform, will 2025 be the year that things begin to change?
