Service Charge Recovery

 

Our specialist residential service charge recovery team provide commercial, pragmatic and strategic advice tailored to meet your needs and objectives.

Lead Contacts

Molly Frankham

Associate Solicitor

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Sam Cook

Partner, Solicitor

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What is service charge recovery?

Service charge recovery is the process of recovering service charge arrears that are payable by a residential leaseholder under the terms of their lease. Often, service charges are recovered by a management company, but sometimes by a landlord alongside ground rent.

The law around the recovery of service charges is complex and there is case law changing the position very regularly. It is very easy to issue incorrect demands, or to demand service charges which are not payable under the lease. In order to navigate the process of recovering these arrears, it is always best to seek legal advice. We have a team of specialists with over 20 years combined experience in the recovery of service charges, ground rent and long leasehold matters. If you are looking to recover service charge arrears, please contact one of our experts.

We can work with you and your management company and guide you through the process of recovering the arrears from start to finish – to include any Court proceedings or Tribunal proceedings as necessary. We may even be able to offer a method by which the costs of recovery is not billed to you, providing your lease contains the appropriate cost recovery clauses. Please contact us for any queries related to the recovery of service charge arrears, ground rent, or any other sums due under a lease.

Areas of specialism

Our Property Litigation experts have extensive experience in recovering arrears of service charge which will ensure that you are fully advised on how you can recover the arrears in a way that is efficient and as cost effective as possible:

  • Conducting a review of the lease and all relevant terms;
  • Letters Before Action sent to the debtor(s);
  • Issuing a claim to Court to commence proceedings to obtain a money judgment;
  • Advising of potential counterclaims or defences that are submitted; and
  • Enforcing a money judgment for arrears

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INSIGHTS

Insights

6th June 2025

Horizon Scanning – Security of Tenure and the Landlord and Tenant Act 1954 (the 1954 Act)

Dealing with the 1954 Act has been a mainstay and divisive subject for Landlords and Tenants alike for more than

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Insights

24th February 2025

Court of Appeal clarifies the rules surrounding service of ‘notices’

A judgment was recently passed down in D’Aubigny v Khan and Anor in the Court of Appeal, which concerned whether

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3rd January 2025

Switaj v McClenaghan [2024] EWCA Civ 1457 – Prohibited Payments Before and After 1 June 2019

The Tenant Fees Act 2019 (TFA) banned most letting fees and imposed a cap of tenancy deposits paid by tenants.

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Get in touch

If you have any enquiries please fill out this contact form. You can contact your lawyer individually from ‘Our People’ using the link below.

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