Is my share of the service charge fair? Apportionment and percentages explained
England and Wales · Law checked 24 October 2026 · Not legal advice
Your lease decides how the total cost is split between flats. Common methods are a fixed percentage, a "fair proportion" decided by the landlord or its surveyor, floor area, or old rateable values. Before challenging the amount, check that the right method was used.
Fixed percentages
If your lease gives a fixed share (for example, 8.33%), the landlord generally has to charge that share, no more and no less. The tribunal can decide whether a charge is payable under the lease (section 27A), so it can correct a wrong percentage. But it usually can't rewrite a clear fixed share just because it seems unfair.
"Fair and reasonable proportion" clauses
Where the lease leaves the split to the landlord's judgement, the tribunal can decide what is a reasonable apportionment. A clause saying the landlord's or surveyor's decision is "final and binding" doesn't stop you applying: section 27A(6) makes agreements like that void as far as they would oust the tribunal.
Shares that don't add up to 100%
Ask the agent for the apportionment schedule for the whole building. If the shares total more or less than 100%, the lease may be varied by the tribunal under section 35 of the Landlord and Tenant Act 1987. That ground doesn't apply just because the split feels unfair when it already totals 100%. Where many leases need the same change, section 37 allows a majority application (for more than eight leases, broadly at least 75% of the parties must agree and no more than 10% object).
Other things to check
- Schedules: some leases split costs into parts (for example, "block" and "estate", or lifts only for upper floors). Check each cost is in the right schedule.
- Commercial units: does the shop or office downstairs pay its share, or is it being loaded onto the flats?
- Your figure on the accounts: compare the percentage used with your lease. See reading your accounts.
If something is wrong, set it out in a dispute letter with your lease clause and the correct calculation.
Questions
Can the tribunal change my fixed percentage because it is unfair?
Generally no, unless the lease fails to make satisfactory provision, for example the shares for the building add up to more or less than 100% (s.35 Landlord and Tenant Act 1987). It can correct a percentage that doesn't match the lease.