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Service charge arrears: can my landlord forfeit my lease or take me to court?

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

Unpaid service charges are taken seriously, but leaseholders have strong legal protections. Know them, and don't ignore letters or court papers.

What a landlord can do

Forfeiture protections

Don't ignore court papers

A default judgment (where you don't respond) can count as a final determination, which can open the door to forfeiture. If you receive a claim form, respond within the time stated: you normally have 14 days to file a defence or an acknowledgment of service (which gives you 28 days in total from service of the particulars of claim). The court can transfer the service charge questions to the tribunal.

Protecting yourself

  1. Pay the undisputed part. See paying under protest.
  2. Dispute the rest in writing, with reasons.
  3. Check whether the sum is even due yet (summary of rights, landlord's name and address).
  4. Consider applying to the tribunal yourself.
  5. Get free advice from LEASE or Citizens Advice straight away if forfeiture is mentioned.

Questions

Can my landlord forfeit my flat over a small service charge debt?

Not if the total of unpaid rent, service charges and administration charges is £350 or less and none of it has been outstanding for more than three years (s.167 CLRA 2002). For disputed service charges, section 81 of the Housing Act 1996 also requires an admission or a final determination first.

Does the £350 include late payment fees?

No. Administration charges for late payment of the unpaid amount are left out when working out whether it exceeds £350.