Paying a service charge 'under protest': does it protect me?

England and Wales · Law checked 24 October 2026 · Not legal advice

Paying a service charge does not, by itself, mean you have agreed it. Section 27A(5) of the Landlord and Tenant Act 1985 says a tenant is not taken to have agreed or admitted a matter just because they paid. But a clear written agreement or admission can stop you challenging later.

Practical approach

• Pay the undisputed part on time.
• For disputed items, either pay "under protest and without admission" (in writing), or withhold only where you have a clear legal basis (for example, a missing summary of rights), and say so in writing.
• Don't sign anything saying you accept the charges.

Why care?

Unpaid service charges can lead to administration fees, county court claims and, in serious cases, forfeiture proceedings. Mortgage lenders may pay arrears and add them to your loan. See withholding risks.