What must a service charge demand include, and what happens if it leaves something out?

Last checked against the sources on 19 October 2026

Two things. First, the demand must be accompanied by the prescribed “summary of tenants’ rights and obligations”; without it, the leaseholder may withhold payment. Second, a written demand must contain the landlord’s name and address, and if that address isn’t in England and Wales, an address in England and Wales where notices can be served. If that’s missing, the service charge or administration charge in it is treated as not due until the landlord provides it. Both apply to an RTM company issuing demands.

The summary of rights

Section 21B of the Landlord and Tenant Act 1985 says a demand for payment of a service charge “must be accompanied by a summary of the rights and obligations of tenants of dwellings in relation to service charges”. The form is set by the Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007: legible, typewritten or printed in at least 10 point, with the title “Service Charges – Summary of tenants’ rights and obligations” and the prescribed statement in the Regulations, word for word.

If a demand goes out without it, the leaseholder may withhold the service charge, and the lease’s provisions about non-payment or late payment don’t apply for the period they withhold it (section 21B(3) and (4)). You can fix it by sending a demand again with the summary. The period of withholding runs until you do.

This is the England regulation. Wales has its own prescribed form, which we haven’t covered.

The landlord’s name and address

Section 47 of the Landlord and Tenant Act 1987 says any written demand to a tenant of premises including a dwelling must contain the landlord’s name and address and, if that address isn’t in England and Wales, an address in England and Wales where notices can be served on the landlord. If a demand leaves it out, any part of the amount that is a service charge or an administration charge is treated as not due “at any time before that information is furnished by the landlord by notice given to the tenant”. The one exception is while a court or tribunal has appointed a manager or receiver to collect the charges.

Section 48 is the companion duty. The landlord must give the tenant, by notice, an address in England and Wales where the tenant can serve notices on them. Until that’s done, any rent, service charge or administration charge is treated as not due.

Does this apply to an RTM or residents’ company?

Yes. For the service charge sections of the 1985 Act, “landlord” includes any person who has a right to enforce payment of a service charge (section 30), and for an RTM company the Act substitutes the company for the landlord (Schedule 7 paragraph 4 of the Commonhold and Leasehold Reform Act 2002). So an RTM or residents’ company issuing demands needs both the summary and its own name and address on every demand.

One point we haven’t settled: section 47 refers to “the landlord”, and where an RTM company issues demands we haven’t found a decision on whether that means the company, the freeholder or both. Putting the company’s name and address and the freeholder’s on the demand covers either reading.

A practical checklist

Attach the full prescribed summary to every demand, including estimates and balancing charges.
Put the company’s name and a postal address in England and Wales on the demand itself.
Keep a copy of each demand and the date it went out.
If you find a missed one, send the demand again with the summary and the details, then keep the proof.

This is general information, not legal advice.

How Tiny Freeholder helps

Tiny Freeholder produces each service charge demand with the prescribed summary of rights attached, in the wording of the 2007 regulations, and records which version went out with which demand. The company’s name and address go on every demand. It only prepares demands for buildings in England, because the Welsh form isn’t included.

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