Is the (Third) Party Over for Apportionment of Service Charge (Part Two)?
Wendy Miller of Berwin Leighton Paisner reports that in two recent cases decided that the 1985 Landlord and Tenant Act makes void any provision in a lease of a dwelling that the apportionment of service charge will be determined “in a particular manner” such as by the landlord’s surveyor. In addition, where an intermediate lease allows the freeholder’s surveyor to determine the apportionment of service charge, that provision will also be void, even though the freeholder has no direct contractual relationship with the residential end user tenants.
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