Search

How can we help?

Icon

What can be done to challenge your service charges?

As businesses increasingly look to cutting their costs in order to make up for losses suffered during the pandemic, careful scrutiny of service charges bills is more important than ever, especially for tenants occupying multi-let buildings.  Very often service charges tend to be seen as similar to rent, with the result that they are paid on receipt of invoices with little or no scrutiny of the underlying charges or what the lease actually says about responsibility for payment.

A case reported at the end of September, Criterion Buildings Limited -v- McKinsey & Company Inc, highlights the very large sums that can be payable by way of service charges, and two of the many ways in which tenants may be able to challenge service charge invoices.

McKinsey were the tenants of the Criterion Building in London until their lease ended in 2019.Their landlord was Criterion Buildings Limited, and the building was managed by an associated company, Criterion Capital Limited.  In these proceedings Criterion claimed unpaid service charges of approximately £2.5m from McKinsey, incurred during the period from July 2013 to September 2019.  McKinsey disputed liability.

The case itself is listed for an 8 day trial commencing 12 October 2020, so has not, at the date of this article, been finally decided.  However the recent report relates to an application by McKinsey to add two further grounds of challenge to their service charges, an application made only a few weeks before trial and therefore very late in the day.

The first new challenge was the “commission claim”. McKinsey had discovered that Criterion Capital, the landlord’s group company managing the building, had been paid a 15% commission by the cleaning contractor on the value of their contract for cleaning the building.  McKinsey contended that this inflated the cost of the service charges levied on the tenants.

Criterion did not dispute that the cleaning contractors had paid commissions to Criterion Capital, but disputed McKinsey’s entitlement to challenge the service charges.  The Judge said that, whilst he could not say that McKinsey were “bound to succeed” he accepted that they “have a strong case”.  Unfortunately for McKinsey, however the Judge decided that, because the application was made so late in the day, taking into account the prejudice that it was likely to cause to the Claimant and to the trial to permit such a late amendment, as well as taking into account the value of the commission dispute (£70,000) against the value of the claim as a whole, he would not permit the amendment.

The second new argument that McKinsey wanted to introduce was a contention that they had been charged for exterior cleaning that was not the landlord’s responsibility under the lease and did not therefore fall within the service charge obligations at all.Instead they claimed that this was a tenant’s responsibility and should have been paid by the tenants.  Once again Criterion accepted that there were good arguments that some of this work was not the landlord’s responsibility and should not therefore have been included in the service charge but advanced legal arguments that, since the charges had been paid by McKinsey, they could no longer maintain a challenge.  On this the Judge said that he had “no doubt that the Defendants have a real prospect of success” although he did not feel their case on this was as strong as on the commission issue. However, he refused to allow the amendment for the same reasons as on the commission claim.

A case reported at the end of September, Criterion Buildings Limited -v- McKinsey & Company Inc, highlights the very large sums that can be payable by way of service charges, and two of the many ways in which tenants may be able to challenge service charge invoices.

Notwithstanding the failure in this case by McKinsey to have these additional arguments introduced shortly before trial, it is clear that their challenges would have had a good chance of success if they had been allowed to introduce them.

These are two examples of many issues that typically arise in service charge disputes and underline that tenants should be careful to scrutinise all service charge demands received before payment, and to take very swift action to challenge anything which they consider may not be payable under the terms of their lease.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 30 September 2026

Clarkslegal celebrates strong results in the Legal 500 UK 2027

Clarkslegal would like to thank its clients for the outstanding feedback that contributed to the firm’s recognition in the Legal 500 UK Solicitors 2027 Guide. We are proud to be recognised across five key practice areas: Litigation, Property, Corporate & Commercial, Employment, and Immigration.

art
  • 29 September 2026
  • Employment

New bereavement leave rights for pregnancy loss

The Government have announced that in April 2027 they will be introducing a new right to bereavement leave to include those who suffer pregnancy loss before 24 weeks. This has been announced in their response to their consultation on bereavement leave “Make Work Pay: Leave for bereavement including pregnancy loss”.

art
  • 25 September 2026
  • Employment

Consultation response on duty to inform workers of right to join a union

The Employment Rights Act 2025, makes it a requirement for employers to inform workers of their right to join a trade union at the same time as the Section 1 particulars are issued to them and at subsequent times. The details of this new duty are to be provided in regulations.

art
  • 24 September 2026
  • Public Procurement

Procurement challenges: What documents and information are bidders entitled to?

A tricky feature of public procurement challenges for unsuccessful bidders is that contracting authorities usually hold all the cards. When the outcome of a tender conducted under the Procurement Act 2023 has been decided, authorities must provide bidders with an Assessment Summary containing their scores for each of the award criteria and those of the successful bidder and an explanation for those scores.

art
  • 23 September 2026
  • Corporate and M&A

GDPR Privacy Policies: Key requirements for organisations

When an organisation is creating a website or app to reach users or potential customers drafting a Privacy Policy may be an afterthought. However, failure to write a Privacy Policy, which complies with the relevant legislation, can have serious consequences.

Pub
  • 17 September 2026
  • Employment

Employment law changes in 2026: What you need to know

Stay ahead of the latest UK employment law changes. Watch our on demand webinar with Monica Atwal and Harry Berryman covering key HR developments and employment law updates for 2026.