Q&As

Where a tenant (A) makes an application for a determination of service charge to the First-tier Tribunal, but the tenant then sells the leasehold to a new tenant (B), does tenant A lose locus standi to bring the claim? If so, can this be remedied by an assignment of the benefit of the claim?

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Published by a ÑÇÖÞÉ«ÇéÍø Property Disputes expert
Published on: 24 September 2021
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We have assumed that:

  1. •

    the query relates to a residential service charge determination

  2. •

    the assignment has been registered and accordingly the new tenant holds the legal title

Correct party to determination

The relevant party to the claim will depend on the nature of the determination being sought and the facts and circumstances in respect of the lease in question.

For example, if the determination relates to the liability to pay a residential service charge under section 27A of the Landlord and Tenant Act 1985 (see Practice Note: Residential service charges—disputes and procedures) under a ‘new tenancy’ (ie the Landlord and Tenant

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United Kingdom
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