If you live in a leasehold flat, you are almost certainly paying for lift maintenance through your service charge whether you use the lift or not. A 2023 Upper Tribunal case, Reekie v Oakwood Court Residents Association, confirmed that leaseholders must contribute to lift refurbishment costs even if they never step inside the lift — the right to use it is what matters, not actual usage. That decision affects thousands of flat owners across England and Wales, and it is just one example of how service charge rules around lifts can catch people off guard.
I have been writing about property and leasehold issues for years, and the question I hear most often is: “How do I know if I am being charged fairly for the lift?” The answer has become clearer since the Leasehold and Freehold Reform Act 2024 (LAFRA 2024) and the updated RICS Service Charge Code 2025 came into force. These changes represent the biggest overhaul of service charge regulation in decades, and they directly affect how lift maintenance costs are demanded, accounted for, and challenged. Here is what you actually need to know.
If you are a tenant or landlord trying to make sense of your obligations, you might also find our guide on tenant service charges for lift maintenance useful as a starting point.
What Service Charge Lift Maintenance Actually Covers
The most important thing to understand is that lift maintenance is not optional — it is a legal and safety requirement. The cost covers regular servicing, emergency repairs, safety inspections, and major refurbishment work that can run into tens of thousands of pounds. And as the Reekie case made clear, you cannot avoid paying simply because you live on the ground floor.
What I tend to notice is that many leaseholders assume lift costs are split equally among all flats. In reality, the lease may allow the landlord to charge a different proportion for certain works. In the Reekie case, the lease allowed the residents’ association to charge a different proportion for lift refurbishment at its discretion — meaning one flat could end up paying a larger share than others. Always check your lease for the specific wording around apportionment.
Why the New Rules Matter for Your Wallet
The average service charge per leaseholder in 2026 is budgeted at £2,880 according to the TPI Service Charge Index. That figure hides huge variation — the lowest 10% of buildings average £1,525, while the highest 10% average £8,680. Building height is a major factor: buildings under 11 metres average £2,418, while those over 18 metres average £4,447. Age matters too. Buildings under 25 years old average £2,508, compared with £5,208 for buildings over 50 years old.
Consider this scenario: you live in a 15-metre building built in the 1970s. Your service charge is likely to be higher than a similar building constructed in 2005, simply because older lifts need more frequent repairs and eventual replacement. If your building also needs to comply with the Building Safety Act — which saw compliance costs rise 53% year-on-year — that adds further pressure.
My view is that the 18-month rule is one of the most practical protections leaseholders now have. If you receive a demand for lift work that was done two years ago, you can challenge it immediately. The burden is on the landlord to prove they served the required notice on time.
For landlords, understanding these time limits is critical. Our article on tenant notice periods in the UK covers similar timing rules that apply across different leasehold situations.
Where People Go Wrong With Lift Service Charges
Assuming you can opt out if you do not use the lift
This is the most common mistake, and the Reekie case shut it down definitively. The Upper Tribunal ruled that “have the use of” means having the right to use the lift, not actually using it. If the building tried to apportion costs based on actual usage, it would need surveillance to track each tenant’s usage — which is clearly impractical. The result is that every leaseholder pays their share, regardless of which floor they live on.
Not checking whether the demand follows the new format
Under LAFRA 2024, service charge demands must be in a prescribed format. If your landlord sends a demand that does not follow this format, it may be unenforceable. The budget must also accompany the demand at the start of the service charge year. I have seen cases where landlords simply send an invoice with no breakdown — that is no longer acceptable. If you receive a demand without the required format, you can refuse to pay until a compliant demand is issued.
Ignoring the annual accounts deadline
For buildings with four or more dwellings, the landlord must provide a written statement of accounts within six months of the end of each service charge accounting year. This statement must include an income and expenditure account, a balance sheet, details of the reserve fund balance, and a summary of major works. A qualified accountant must certify these accounts. If your landlord misses this deadline, you have grounds to challenge the service charge.
Overlooking insurance commission disclosure
Landlords must now disclose any commission or payment they receive in connection with building insurance policies. If they fail to disclose it, they cannot recover the insurance premium through the service charge. This is a new requirement under LAFRA 2024, and many leaseholders do not know to ask for it. If your service charge includes building insurance, request the commission disclosure in writing.
→ Scroll right to see all columns
| Building Height | Average Service Charge | Key Driver |
|---|---|---|
| Under 11 metres | £2,418 | Lower lift maintenance costs |
| 11–18 metres | £3,507 | Moderate lift usage and compliance |
| Over 18 metres | £4,447 | Higher lift maintenance and safety compliance |
If you are unsure whether your service charge is reasonable, a tenant landlord lawyer can review your lease and the demands you have received. This is especially useful if you suspect the landlord is not following the new rules.
How to Protect Yourself and Challenge Unfair Charges
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Request the full documentation
Under LAFRA 2024, you have the right to see contracts with suppliers and contractors, invoices and receipts for work carried out, insurance policies and commission details, fire risk assessments, and historic records going back up to six years. Write to your managing agent or landlord and request these documents in writing. If they refuse, you can take the matter to the First-tier Tribunal (Property Chamber). Keep copies of all correspondence — a small home safe is a practical way to store these documents securely.
Check the 18-month rule on every demand
Every time you receive a service charge demand, check the date of the work being charged. If the work was completed more than 18 months before the demand date, and the landlord did not serve a prescribed notice within that 18-month window, the cost is not recoverable. This applies to lift repairs, refurbishments, and any other major works. If you spot a demand that breaches this rule, write to the landlord explaining why you are disputing it, and cite LAFRA 2024.
Verify the accounts are certified
For buildings with four or more dwellings, the annual statement of accounts must be certified by a qualified accountant. If your building has fewer than four dwellings, this requirement does not apply — but you still have the right to request a breakdown. Ask your managing agent for the accountant’s name and qualification. If they cannot provide it, the accounts may not comply with the new rules.
Understand what happens with future changes
The LAFRA 2024 reforms are still being implemented through secondary legislation. The government’s 2025 consultation identified four main problems: a lack of standardised demand formats, inconsistent annual accounts, limited access to supporting documents, and high dispute costs. The new rules address all four, but some details — such as prescribed limits on administration charges — are still being finalised. Keep an eye on updates from the Ministry of Housing, Communities and Local Government, and consider subscribing to a property law update service.
- 1Gather your documentsCollect your lease, all service charge demands from the past six years, and any correspondence with your landlord or managing agent.
- 2Check the demand formatVerify that each demand follows the prescribed format under LAFRA 2024 and includes the budget for the year.
- 3Apply the 18-month ruleFor each charge, note the date the work was completed. If it exceeds 18 months without a prescribed notice, dispute it in writing.
- 4Request supporting documentsWrite to your landlord requesting invoices, contracts, insurance commission details, and fire risk assessments. Keep a copy of your request.
- 5Seek professional adviceIf you find discrepancies or the landlord refuses to provide documents, consult a tenant landlord lawyer who specialises in leasehold disputes.
If you are a landlord or managing agent, our guide on key considerations for your corporate headquarters lease covers similar compliance issues that apply to commercial properties.
Frequently Asked Questions
Can I be charged for lift maintenance if I live on the ground floor? ▾
What happens if my landlord does not follow the new demand format? ▾
How far back can I request service charge records? ▾
Can the landlord recover tribunal costs through the service charge? ▾
What counts as a “major work” for lift maintenance? ▾
Do the new rules apply to buildings with fewer than four flats? ▾
If this was useful, you might also want to read Hybrid Working’s Impact: Is Your UK Office Space Still Fit for Purpose?
Sources and Further Reading
Understanding Tenant Indemnity When Renting Commercial Spaces in the UK — A practical guide to indemnity clauses and how they interact with service charge obligations.
New Rules for Service Charge Accounting. Cox Hinkins, 2025.
Service Charge (Lift) — Reekie v Oakwood Court. Voisin Law, 2023.
TPI Service Charge Index 2026 Report. The Property Institute, 2026.
