Service Charge (Lift)

• Law Firm: Voisin Law
• Subject Matter: Real Estate and Construction, Landlord & Tenant - Leases
• Author: Emma Baker
• Published date: 18 May 2023

You pays your money and takes your choice - Tenant's liability for service charge

Q: If a tenant has the right to use part of a building under the terms of his lease but doesn't, is he still required to contribute towards its maintenance? A: In short, 'yes'.

In Reekie v Oakwood Court Residents Association [2023] UKUT 45 (LC) the Upper Tribunal (Lands Chamber) (UT) was asked to determine whether a long leaseholder was obliged by the terms of his lease to contribute towards the cost of refurbishing a lift he claimed not to use.

Background: Mr Reekie had long leases of the Flats numbered 1, 2 and 5 Oakwood Court in Eastbourne. The building was a large Victorian House which had been converted in the late 1980s to create eight self-contained flats: two were on the ground floor and three were on each of the upper two floors. Prior to Mr Reekie's acquisition, Flats 1, 2 and 5 were converted to form a single dwelling occupying most of the ground floor and part of the first floor of the building and, as part of those works, an internal staircase was installed between Flat 1 and Flat 5, making access to Flat 5 on the first floor possible without the need to...