Time limits for service charge demands: contract and statute

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.