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Buying and Selling Property » Frequently Asked Questions » How do I go about disputing the service charge on my property?

Frequently Asked Question - How do I go about disputing the service charge on my property?

You need to complete an Application Form S27A Landlord and Tenant Act 1985, which is available from the Residential Property Tribunal Service's website at www.rpts.gov.uk. The RPTS, which settles disputes between landlords and tenants about service charges and other issues, has five regional Leasehold Valuation Tribunals (LVTs) in England.

You ought to send the completed form, along with a copy of the lease and a cheque in payment of the application fee to the nearest Leasehold Valuation Tribunal or Rent Assessment Panel. The Rent Assessment Panel is another part of the RPTS. The amount of the application fee depends on the amount of service charge being challenged.

There are three possible tracks by which a service charge dispute can be handled by the LVT. When you are completing the form, you will have to state the track which you consider to be most suitable. The three tracks, from the simplest and fastest to the slowest and most complex, are:

on paper, without a hearing;
fast track, with a hearing;
standard track, with a hearing and possibly a pre-trial review.

If a case is handled 'on paper', the LVT panel will receive written evidence from each party and will then reach its decision without holding an LVT hearing. The 'fast track' and 'standard track' procedures require an LVT hearing and the applicant must pay a £150 hearing fee for this. A case can be considered on the fast track if it is simple and is not expected to generate much paperwork or argument. The LVT says that it tries to hold fast track hearings within ten weeks of receiving the initial application. The standard track is for more complicated cases, including those in which several issues need to be decided and/or a lot of documentation will be required. With standard track cases, both parties may be invited to a pre-trial review, a kind of mini-hearing, so that the LVT can decide on the next steps that need to be taken before the final hearing. Standard track cases often take several months from start to finish.