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Breach of lease

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  • Breach of lease

    Hi,

    I’m hoping someone on here can answer a question about service charges that have not been charged in accordance with the terms of the lease.

    I own a leasehold flat in a block on a housing association estate. The block was originally a block of ten flats but the bottom two flats were made into one large flat which is rented out by the HA. The estate has a mixture of houses and flats. The lease says that I have to pay 1/10th of the block charges and 1/187th of the estate charges. The service charge bills only say what the charge is for and how much I have to pay.

    Last October I queried some of the items on the bill and when they sent a response they gave a breakdown of the charges I was querying. This revealed that they have been charging me 1/9th of the block charges and for some reason 1/47th of estate lighting. I have no idea how long this has been going on but I would guess it happened in 2019 when they changed their computer system.

    My question is, do they have to refund the whole amount that was incorrectly charged, or can they just refund the difference? If they have to refund the whole amount, would the 18 month rule prevent them from recharging me?
    Tags: None

  • #2
    If I were you I would calculate the overpayment and ask them to credit it towards future bills.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      Originally posted by atticus View Post
      If I were you I would calculate the overpayment and ask them to credit it towards future bills.
      I have no way of calculating it as I don't know how long it has been going on.
      My question was, do they have to refund the full amount charged as they have breached the terms of the lease or can they get away with just refunding the difference?

      Comment


      • #4
        Any refund would be limited to the amount overcharged only. Please do not forget that you have an obligation to pay these service charges, albeit correctly calculated.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment


        • #5
          Originally posted by atticus View Post
          Any refund would be limited to the amount overcharged only. Please do not forget that you have an obligation to pay these service charges, albeit correctly calculated.
          Thanks, I've already paid. Can you point me to where I might find the legislation for this?

          Comment


          • #6
            There is no need for legislation on this question. If you have been overcharged you are entitled to a refund of the sum overpaid.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Guides and handbooks for Litigants in Person - :

            https://legalbeagles.info/forums/for...60#post1701560

            Comment

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