Service Charge Demand for Residential Property
This Service Charge Demand for Residential Property should be used to demand service charge payments from residential tenants whose leases or tenancy agreements provide for a service charge to be (for example, long residential leases). Under the Tenant Fees Act 2019 and the Renting Homes (Fees etc.) (Wales) Act 2019, a service charge payment cannot be charged to a tenant under an assured shorthold tenancy.
This form can be used to demand the estimated service charge at the beginning of a service charge year and to demand an additional payment (or give a credit) at the end of the year when the accounts have been finalised. The form is also suitable for demanding ad hoc service charge payments where the lease or tenancy agreement provides for an “as and when” service charge rather than a formal service charge regime.
This Service Charge Demand contains fields for the landlord’s and tenant’s details, the address of the property, the tenant’s reference number and invoice number. The service charge items and amount(s) owing should be entered in the table. The landlord’s bank account details should be included.
In order to comply with section 47 of the Landlord and Tenant Act 1987, which requires the landlord’s name and address to be contained in all demands for rent and other payments from the tenant, there is a section at the bottom of the form for the landlord’s name and address to be inserted. The address must be the landlord’s own address and not that of the landlord’s agent.
There is also an optional statement under section 48 of the Landlord and Tenant Act 1987. Section 48 requires a landlord to provide his tenant with an address in England and Wales where notices may be served on the landlord. This can be the landlord’s own address or the address of a managing agent or other third party. Unless and until this requirement has been complied with, any rent or service charge will not be legally due from the tenant. If a section 48 notice has already been given to the tenant, perhaps in the tenancy agreement or in separate correspondence, this statement can be deleted.
It is helpful to provide tenants with a Service Charge Statement to accompany the Demand. The Estimated Statement or Actual Statement provides a breakdown of the sums expected to be incurred or actually incurred.
This Service Charge Demand for Residential Property is a Microsoft Excel document in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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