VAT on ground rent and service charges

TL46

This is about VAT on purely commercial property. I run my own business (self-employed) and bought new commercial premises on a very long lease from the builder, who charged VAT on the sale - so I registered for VAT to reclaim the VAT, and so my trading was also subject to VAT. I was trading from the premises, and was billed by the managing agents for ground rent with no VAT, and for service charges with VAT, which was a normal input for my returns. So far so good! Two things then happened at the same time.
(1) The builder sold the freehold reversion to a third party, which now bills me for the service charge and ground rent. The new freeholder decided not to tax, and there is no VAT on the service charge (though it is clear that the amount charged is the amount paid including VAT by its suppliers.) There remains no VAT on the ground rent. So far, still so good, except the annoyance of not being able to reclaim the VAT element of the service change.
(2) I decided to stop trading from the premises, and instead to let the property to a VAT-registered firm, continuing to run my business from elsewhere. I elected to tax the lease and the rents charged to the tenant. I recharge the service charge and ground rent to the tenant.
My query is whether I should be adding VAT to (a) the service charge recharge to the tenant and (b) the ground rent recharge.

00ec25

a service charge is not automatically aligned with the rent since it is not part of the building which you have opted to tax.

However, you are registered in your own right and are therefore subject to normal vat rules. You state you are "passing on" the service charge to your own tenant, however, who is liable for them, you or the tenant?

they may be a "recharge" (Std rated VAT) or a "disbursement" (outside the scope of Vat) as far as your business is concerned

http://www.forsters.co.uk/sites/default/files/EAS_ADR_PLJ_Service%20Charges_120911.pdf

TL46

Thanks! To clarify, I am liable to pay the service charge and the (relatively small) ground rent for my 999-yr tenancy to the freeholder's managing agent, and I do so. My contract with my (3-year) tenant requires my tenant to reimburse me for the service charge and ground rent. I invoice the tenant for these. As you will see, part of my concern is as to whether billing for the service charge and billing for the ground rent are to be treated differently. Should I be adding VAT to the rebilling of the ground rent, which never could have been liable to VAT when billed to me by the freeholder? Also the PDF of the Property Law Journal article was very interesting, but it restates a problem rather than answering it - and I note it dates from 2011, It refers to the First Tier Tribunal requesting a ruling from the ECJ - was a ruling issued?