Jurisdiction(s):
United Kingdom

s27A LTA 1985: when do service charge payments amount to agreement? Gorrara limits Cain; FTT jurisdiction and estoppel clarified (England and Wales)

Published on: 24 May 2024

Published by a LexisNexis Property Disputes expert

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Article summary

What is a section 27A application?

Under section 27A of the Landlord and Tenant Act 1985 (LTA 1985), parties to long residential leases—typically lessors or lessees, as well as any person or body to whom or by whom a service charge is payable—may apply to the FTT to decide whether a service charge that has been demanded, or is proposed, is actually payable. It is commonly used by a landlord as a step preceding forfeiture.

Per s27A(1), an application to the appropriate tribunal can determine if a service charge is due and, where it is, address:

the person liable to pay
the person entitled to receive payment
the amount that is due
the deadline by which it must be paid
the way in which payment is to be made

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