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Section 19: Limitation of service charges: reasonableness.

Landlord and Tenant Act 1985 · 1985 c. 70View on legislation.gov.uk

Our take on Section 19: Limitation of service charges: reasonableness.

A high bill is not the same as an unreasonable one. A variable service charge can include a cost only if it was reasonably incurred and the work met a reasonable standard, and advance demands must be reasonable too. Tribunals test both the landlord's decision and the result, without hindsight, so a landlord need not pick the cheapest quote yet cannot charge for poor work. We think the burden of proof matters most. Once you challenge a specific cost with some evidence, such as a like-for-like quote, the landlord must show the cost was reasonable. The section only limits charges your lease or tenancy allows, and it does not cover fixed charges or council tenants who are not leaseholders.

Relevant costs shall be taken into account in determining the amount of a service charge payable for a period—

only to the extent that they are reasonably incurred, and
where they are incurred on the provision of services or the carrying out of works, only if the services or works are of a reasonable standard;

and the amount payable shall be limited accordingly.

Where a service charge is payable before the relevant costs are incurred, no greater amount than is reasonable is so payable, and after the relevant costs have been incurred any necessary adjustment shall be made by repayment, reduction or subsequent charges or otherwise.

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If a person takes any proceedings in the High Court in pursuance of any of the provisions of this Act relating to service charges and he could have taken those proceedings in the county court, he shall not be entitled to recover any costs.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.