How to make a service charge demand payment under protest
Service charges have substantially increased at Victoria Mills in the last few years.
According to our leases, we must make payment for every quarterly service charge demand. Failure to do so would put any leaseholder in breach of their lease.
We actively encourage all leaseholders to comply with their lease and make payments according to this agreement, however, you have the right to state to your managing agent/landlord that you disagree with the amount you have to pay. This is called a "payment under protest". Article 27a of the Landlord and Tenant Act 1987 states that:
"(1) An application may be made to [F79 the appropriate tribunal] for a determination whether a service charge is payable and, if it is, as to
(a)the person by whom it is payable,
(b)the person to whom it is payable,
(c)the amount which is payable,
(d)the date at or by which it is payable, and
(e)the manner in which it is payable".
Therefore, making a payment under protest may be a useful thing to do if you are planning to challenge these costs at any point in the future.
This link gives its view in the matter and may be of interest to you
https://www.housingandproperty.co.uk/site/blog/hplp-articles/Paying-Service-Charges-Under-Protest
Lease offers advice on this matter on the following link:
https://www.lease-advice.org/template-document/15-leaseholders-letter-objecting-to-demand-for-service-charges-payment-under-protest/
In the link above, Lease provides a template cover letter to address to the Landlord/Managing Agent and most importantly, a Word Document to download for you to further elaborate on the charges you are disputing.
Please ensure you read Lease's disclaimer about seeking legal advice if you deem it appropriate. We agree with the disclaimer content as Lease is only a advice service that is in good faith trying to empower leaseholders across the country.
ChangeVM.org (a group of over 147+ concerned leaseholders) have made a submission to the First Tier Tribunal to challenge the Service Charges at Victoria Mills, both past and present. To learn more email join@changevm.org
Remember, pay first, challenge later.