How far back can I challenge service charges? Time limits explained

England and Wales · Law checked 24 October 2026 · Not legal advice

Free tool: 18-month rule checker. Check whether a cost was billed more than 18 months after it was incurred.

Leaseholders often discover overcharging years later. The rules on time work differently for you and for the landlord.

Challenging past years at the tribunal

Section 27A of the Landlord and Tenant Act 1985 lets you ask the tribunal whether a service charge is or was payable, whether or not you have paid it. Section 27A itself sets no fixed deadline, and tribunals do look at past years. But you can't apply about a matter that:

• you have agreed or admitted (paying alone doesn't count as agreeing: s.27A(5)), or
• has already been decided by a court, or by arbitration under an agreement made after the dispute arose.

Getting money back

If you want a refund of charges you've already paid, time limits under the Limitation Act 1980 may apply, often six years. The older the year, the harder it can be to get the invoices and evidence. So act early, and get advice if the overpayment is large or old.

How long the landlord has to recover arrears

• Where the lease reserves the service charge as rent, the landlord generally has six years from when it fell due to sue (s.19 Limitation Act 1980).
• Where it isn't reserved as rent and the lease is a deed, a longer 12-year period can apply. Check your lease wording and get advice.
• Separately, the 18-month rule (s.20B) stops recovery of costs incurred more than 18 months before the demand, unless you were warned in writing.

What to do now

1. Send a section 21 request and a section 22 request for the years you can.
2. Avoid signing anything that accepts past charges.
3. List each disputed item by year in a Scott Schedule.

Questions