A recent case in the Upper Tribunal of the Lands Chamber has found in favour of a residential tenant who challenged her water charges.
The estate water supply was measured by meter which could not be read remotely. The landlord therefore charged individual water charges from a central meter and recovered a proportion from each tenant through the service charge.
The tenant argued this was wrong based on the high service charges raised. The tribunal therefore held that the level of water charges had not been reasonably incurred and to the extent they were not reasonable incurred they could not be recovered through the service charge.
The case illustrates that landlords can not rely entirely on meter readings when establishing reasonable water charges.
Concerned landlords should contact us to ensure the wording of their leases does not allow for ambiguity.