Major works - legal final date to invoice

room101

Hi all,

Does anyone know if there is legally a period of time after which one cannot be invoiced for major works? I had some works completed to an ex-local flat which I owned, just over 3 years ago to the value of about 6-8k, but have never been invoiced for it or asked to pay in any other way.

I agreed to the works and have actually set aside money to pay for it (with a 3rd party), so no problems in that area. However a friend said that I should be able to claim the cash back after 3 years if I have not been invoiced in that time. Another friend said it was 6 years before I could legally claim.

If anyone has a resolution to this and links to something tangible on the web, I would be most grateful.

Thank you.

Room101.

colesy

It's 6 years for an unsecured debt - check the Limitation Act.

eddddy

Well... there's an 18 month deadline, unless your freeholder served you a notice as mentioned below:

Normally the lease will provide for the service charge to be demanded in advance, but occasions will arise when the demands are issued after completion of the works or provision of the service. In these cases a statutory time limit applies: the landlord must issue the demand within 18 months of his incurring the cost. If the demand is issued later than this, the landlord cannot recover the costs at all, unless a notice is served during the 18 months stating that costs have been incurred and that the tenant will be required to contribute to them by payment of a service charge (section 20B Landlord & Tenant Act 1985).

Link: https://www.lease-advice.org/advice-guide/service-charges-and-other-issues/

Interestingly, the London Borough of Brent missed the 18 month deadline in this case, and so the leaseholder didn't have to pay:

http://www.boltburdon.co.uk/blogs/legal-update-section-20b-landlord-tenant-act-1985-act-relating-service-charge-demands-residential-properties/

(But the case went all the way to court. I wonder if some leaseholders would have just paid up, rather than taking on a local authority in court.)

G_M

Both answers above are correct!

7 years if you had the work done, and the builder/contractor is invoicing you.

18 months if the freeholder had the work done (and the builder/contractor is invoicing the freeholder) and it is the freeholder invoicing you.