Service charges are payments made by leaseholders to the freeholder (or management company) to cover the cost of maintaining, repairing, and insuring the building and common areas. As a landlord who owns a leasehold property, you are the leaseholder and pay service charges just like any resident owner — your tenant does not pay them directly, you do. This is a key distinction from freehold ownership and a significant ongoing cost that must be budgeted carefully.
Ground rent is a periodic payment from the leaseholder to the freeholder set out in the lease. The Leasehold Reform (Ground Rent) Act 2022 prohibits freeholders from charging more than a 'peppercorn' (effectively zero) ground rent on new qualifying leases granted from 30 June 2022 onwards. However, leases granted before that date may still contain significant ground rent obligations — often with doubling clauses that increase the rent every 10–25 years.
Admin charges — charges for things like giving consent to sublet, providing information for a sale, or dealing with a breach of covenant — are a third category of leasehold cost that landlords frequently encounter, particularly when subletting the property.
What are service charges and what can be included?
Service charges can cover a wide range of building-related costs, but the lease must expressly permit each type of charge. Common items include:
- Buildings insurance (the freeholder insures the building as a whole and recovers the cost from leaseholders through service charges; you cannot use your own landlord buildings policy as an alternative)
- Maintenance and repair of common parts — hallways, lifts, roofs, external walls, car parks, gardens, and communal entrances
- Major works such as roof replacement, window replacement, or cladding remediation — these must follow a Section 20 consultation process if the leaseholder's share exceeds £250 per qualifying works project
- Management fees payable to a managing agent or the RTM company for day-to-day administration of the building
- Reserve or sinking fund contributions — regular payments into a fund to cover anticipated future major works
- Cleaning, security, and concierge services in larger managed buildings
- Ground maintenance and gardening for communal landscaped areas
- Legal and professional fees incurred in connection with the building — though these are subject to reasonableness and cannot include the freeholder's costs of pursuing forfeiture against another leaseholder
The reasonableness test for service charges
Under section 19 of the Landlord and Tenant Act 1985, service charges are only recoverable from leaseholders to the extent that they are 'reasonably incurred' and that the services or works are of a 'reasonable standard'. This is not just a good-practice standard — it is a statutory limit on what you must pay. Key points:
- The FTT (First-tier Tribunal, Property Chamber) has jurisdiction to determine whether a service charge is reasonable, and to substitute a lower figure if it is not
- A charge that is technically permitted by the lease can still be challenged as unreasonable in amount — for example, a managing agent fee that is double the market rate
- The freeholder must provide a written summary of costs on request (under section 21 of the Landlord and Tenant Act 1985) and must allow inspection of supporting documents. Refusal to provide this information is a criminal offence
- Demands for service charges must be accompanied by a prescribed summary of rights and obligations, or the payment is not due until it is provided
- There is a statutory time limit: service charges relating to costs incurred more than 18 months before the demand are not recoverable, unless the leaseholder was notified in writing within 18 months of the cost being incurred
- Advance demands (estimates) can be challenged in the same way as retrospective demands. You do not have to wait until the year-end accounts to challenge a charge you believe is unreasonable
Section 20 consultation — major works and long-term agreements
If the freeholder or RTM company proposes major works that will cost any individual leaseholder more than £250, or proposes a long-term agreement (such as a maintenance contract for more than 12 months) worth more than £100 per year per leaseholder, they must follow a statutory consultation process under Section 20 of the Landlord and Tenant Act 1985. If they fail to do so, leaseholders are not liable to pay more than £250 per project (or £100 per year for long-term agreements):
- Stage 1 — Notice of Intention: the freeholder must serve written notice on all leaseholders and any recognised tenants' association, describing the intended works and inviting nominations of contractors
- Stage 2 — Notification of Estimates: the freeholder must obtain at least two estimates (one from a company not connected to the freeholder), serve them on leaseholders with observations, and invite comments within 30 days
- Stage 3 — Notification of Award (for long-term agreements only): where the contract is not awarded to the lowest-cost nominee, reasons must be given in writing
- Leaseholders who raise observations during the consultation period must receive a written response to each point made
- Failure to consult properly is not an offence, but it reduces the recoverable charge to the statutory cap — a powerful protection against inflated or poorly tendered major works
- Emergency works — where there is an immediate threat to health or safety or serious building damage — are exempt from the full Section 20 procedure, but the freeholder must still apply to the FTT for dispensation as soon as practicable
Ground rent — the Leasehold Reform (Ground Rent) Act 2022
The Leasehold Reform (Ground Rent) Act 2022 is one of the most significant changes to leasehold law in England in a generation. Its core provisions are:
- For new regulated leases granted on or after 30 June 2022, ground rent must be a 'peppercorn' — meaning effectively zero, not even one penny. Any lease granted after this date that purports to charge more than a peppercorn is unenforceable to that extent
- The Act applies to most long residential leases (21 years or more), including new leases granted on the sale of a flat or house. It does not apply to: business leases, community housing leases, home finance plan leases, or certain retirement housing (which had a deferred commencement date)
- Pre-2022 leases are not affected — if your lease was granted before 30 June 2022, whatever ground rent obligation it contains remains legally binding
- Ground rent doubling clauses in pre-2022 leases remain a problem. Many leases granted in the 2000s–2010s contained doubling clauses every 10–25 years. A lease starting at £250/year doubling every 10 years becomes £8,000/year after 50 years — making the property effectively impossible to sell or remortgage
- The government has consulted on retrospective reform to cap ground rent on existing leases, but as of mid-2026 no legislation to retrospectively cap ground rents on pre-2022 leases has been enacted. If you hold a pre-2022 lease with a doubling clause, take legal advice before extending the lease or selling
- Lease extensions: a statutory lease extension (under the Leasehold Reform, Housing and Urban Development Act 1993) adds 90 years to the unexpired term and reduces the ground rent to a peppercorn from the date of the new lease — this is currently the primary route to eliminate ground rent on a pre-2022 lease
Admin charges — what your freeholder can charge for
Admin charges are separate from service charges and are payable for specific acts or consents under the lease. Common examples for landlords who sublet their leasehold flat include:
- Consent to sublet — most leases require the leaseholder to obtain the freeholder's written consent before subletting. A reasonable fee for processing the consent is permissible; an unreasonably high fee (often seen at £200–£500+) can be challenged at the FTT
- Providing a landlord's certificate or management information pack for a sale (often charged at £200–£400 by managing agents)
- Deed of covenant or licence to assign on the sale of the lease
- Notice of assignment or mortgage — a standard flat conveyancing requirement, usually charged at £50–£150
- Breach of covenant notices under Section 146 of the Law of Property Act 1925
- Admin charges are governed by Schedule 11 to the Commonhold and Leasehold Reform Act 2002. A leaseholder can apply to the FTT to determine whether an admin charge is reasonable. The FTT has power to reduce or eliminate unreasonable charges
- Freeholders cannot charge admin fees that are not expressly permitted by the lease and by statute — a charge made up by the managing agent without contractual authority is not payable
Challenging service charges at the First-tier Tribunal (FTT)
The First-tier Tribunal (Property Chamber) in England is the primary forum for challenging service charges, admin charges, and ground rent. Key process points:
- Any leaseholder can apply to the FTT for a determination of whether a service charge is payable, and if so in what amount. There is no minimum or maximum charge threshold
- Applications are made on Form Leasehold 1. There is currently a £100–£300 application fee. The FTT does not typically award legal costs to either party, so the risk of a landlord costs award is low
- The FTT has power to determine not just whether charges are reasonable, but also to grant dispensation from Section 20 consultation requirements, determine the terms of a variation to a lease, and handle right to manage and enfranchisement disputes
- Before applying, try to resolve the dispute directly in writing. Keep all correspondence. A leaseholder's written challenge letter setting out the specific charges disputed and the evidence of market rates is often sufficient to trigger a reduction without a formal application
- The FTT can make a 'section 20C order' preventing the freeholder from recovering the legal costs of the tribunal proceedings through the service charge — ask for this in all applications to avoid a perverse outcome where you win the dispute but pay for the freeholder's legal costs through future service charges
- Tribunal decisions are published and set precedents for future service charge disputes in the same building, making them valuable for leaseholders in blocks with poor management
Frequently asked questions
Can a freeholder increase service charges without limit?+
No. Under Section 19 of the Landlord and Tenant Act 1985, service charges are only recoverable if they are reasonably incurred and the services are of a reasonable standard. A dramatic or unexplained increase in service charges can be challenged at the First-tier Tribunal (Property Chamber). You do not need to pay a disputed charge in full while a challenge is pending, though it is advisable to pay the undisputed portion to avoid forfeiture proceedings. If the FTT determines the charge is unreasonable, it can substitute a lower figure. Always request the section 21 statement of costs and supporting invoices before paying any unexpected increase — the freeholder must provide this within a statutory time limit, and refusal is a criminal offence.
Does the Leasehold Reform (Ground Rent) Act 2022 affect my existing lease?+
The Leasehold Reform (Ground Rent) Act 2022 applies only to new regulated leases granted on or after 30 June 2022. If your lease was granted before that date, the existing ground rent obligation — including any doubling or review clause — remains legally binding. The 2022 Act does not retrospectively alter pre-existing leases. If your lease contains a ground rent doubling clause that will make the property difficult to sell or remortgage in future, the main options are: (1) extend the lease under the statutory enfranchisement right, which converts the ground rent to a peppercorn on the extension, or (2) negotiate a voluntary ground rent buyout with the freeholder. The government has consulted on retrospective reform but had not enacted it as of June 2026. Take specialist leasehold solicitor advice before proceeding.
Do I need to tell my freeholder that I am subletting my leasehold flat?+
Almost certainly yes. The vast majority of long residential leases contain a covenant requiring the leaseholder to obtain the freeholder's written consent before subletting, and to serve a notice of subletting within a specified period. Subletting without consent is a breach of the lease, potentially a serious one that could give rise to forfeiture proceedings in extreme cases. The freeholder cannot unreasonably withhold consent to sublet, but they can charge a reasonable admin fee for processing the consent request. Check your specific lease terms — some require registration of the tenancy, a copy of the tenancy agreement, and a fee. Budget around £100–£300 for typical subletting consent fees, though unreasonably high fees can be challenged at the FTT.
What is a Section 20 consultation and do I get a say in major works?+
Section 20 of the Landlord and Tenant Act 1985 requires a freeholder (or RTM company) to consult all leaseholders before carrying out major works where any one leaseholder's contribution will exceed £250, or before entering into a qualifying long-term agreement costing more than £100 per leaseholder per year. Consultation involves two stages: a Notice of Intention (inviting contractor nominations and observations) and a Notification of Estimates (presenting at least two quotes and inviting observations). If the freeholder fails to consult, leaseholders' liability is capped at £250 per qualifying works project regardless of the actual cost. You can also apply to the FTT for a determination of whether the Section 20 procedure was properly followed, and to challenge the reasonableness of the works and the cost.