Service charge

knc

I am a leaseholder of a house and the landlord is a homebuilder. Do I have to pay the service charge if the budget is basically for the maintenance of the flats on the estate. i.e I don't derive any direct benefit or incur any costs relating to the charge. The service terms are very general- 'keep in good order and condition the infrastructure'. Any help gratefully appreciated.

G_M

I don't know.

I can't read the lease from here.

Pixie5740

You'll need to read the lease but would infrastructure not take into account things like roads, parking spaces, communal green/garden areas, not just the building where the flats are located?

knc

I have read the lease. As I explained in my OP it does include infrastructure such as roads, parking spaces, communal green/garden areas. My point is that I live in a house and all the expenses seem to be towards maintenance for the FLATS. e.g door entry systems, window cleaning, fire/smoke testing, lift engineering etc. My point is that as part of the overall estate I would assume that I am liable for the service charge as I am located on the premises, however I seem to incur/receive no DIRECT benefit from these charges. I guess I am asking a fairness vs. letter of the law argument.

Twiglet12

There's an answer to this exact question here: http://www.telegraph.co.uk/finance/property/advice/propertyclinic/9930339/Property-clinic-do-I-have-to-pay-service-charges-to-my-landlord.html

It depends on your lease. If it only mentions communal green spaces, roads, waste removal etc. then you have a reasonable argument against paying anything relating exclusively to the flats.

If your lease mentions upkeep of the flats etc. then you are contractually obliged to pay it.

Hoploz

It probably states (in the lease) that you will be responsible for a percentage of the maintenance.

On a flat I own I am responsible for a smaller percentage than the others as I have my own front door and therefore do not use any of the common parts or benefit from any cleaning etc.

For example if there is your house and 4 flats, rather than paying one fifth, 20%, you would pay a reduced amount, such as maybe 10%

Leven

You are probably paying less than the flat owners. I own a flat on a mixed development of leasehold flats and houses and the houses only pay a quarter of the annual management fee that is paid by each flat owner. The Management Company accounts should confirm amounts payable.