Section 20B(1), Landlord and Tenant Act 1985, requires that landlords must demand service charges from residential leaseholders within 18  months of having incurred the underlying cost. In Brent LBC v Shulem B Association Ltd [2011] EWHC 1663 (Ch), it was held that this meant that a contractually valid demand had to be made within that 18 month period. In West India Quay Ltd v ETAL Ltd, the landlord has been granted permission to appeal to the Upper Tribunal (Lands Chamber) to argue that the Shulem B case was wrongly decided.

The appeal is likely to be heard in the early part of 2020.

Justin Bates acts for the landlord.

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