If a long term significant error in a leaseholder’s service charge calculation comes to light should reimbursement of overpayment to the leaseholder date from the date it is identified, the start of the lease or something in between?
I would hope that it would be since the error first occurred, but I think that having more specific information would help. Also it depends on how you design “significant” and whether Camden agrees.
As an example, Camden don’t always fulfil their obligations under the lease (things to do with cleaning windows, but I could easily misremembering the example). They don’t charge for this service and therefore they say that the material effect is “nil” – because you aren’t being charged, you don’t lose out.
In the first instance, I would personally email Camden, see what they say and then ask them to justify this stance. That way you have everything in writing. Ultimately the First Tier Tribunal (property chamber) would be the referee.
I believe you can ask to see them (and fairly sure under FOI too), but you may be invited to the Council offices to take a look rather than them print everything out. And they won’t necessarily be in an easy-to-read format, so take a friend to help you too if you can!
After several years wrangling the Council have finally rebated £250 against overcharging for heating/hot water etc with a reduction of about £50 per year going forward. If you have significant non-residential accommodation on your district heating system – in our case a nursery school and community centre – it might be worth checking that connected leaseholders are not paying for this.