Tribunal determination of service charge payable: declaratory only and unenforceable in the County Court

Under Section 27A of the Landlord and Tenant Act 1985, the tribunal hold jurisdiction to determine whether a service charge is payable and, if it is, as to: The person by whom it is payable. The person to whom it is payable. The amount which is payable. The date [...]

Service charge demands: has notice been given in accordance with the lease provisions?

I’m regularly to be found on my soap box espousing the need to read, understand and implement the terms of leases, particularly where service charges are concerned.  In H Stain Ltd v Richmond [2021] UKUT 66 (LC) the Upper Tribunal considered a lease clause which required the lessee to be [...]

By |2021-06-27T17:06:10+01:0027 April 2021|Blogs, legal update, service charges|0 Comments

When is a demand a demand for the purposes of section 20B?

There are a raft of contractual and statutory restrictions on the recovery of service charges. In certain circumstances, failing to adhere to those restrictions is fatal to the recovery of service charges.   The 18 month rule Section 20B of the Landlord and Tenant Act 1985 is one of the [...]

By |2021-06-27T17:53:05+01:001 March 2021|Blogs, legal update, service charges|0 Comments

Recovery of corporate expenses via service charge

It’s not uncommon for lessee owned and controlled management companies to seek to recover certain costs in relation to the administration of the company or other costs, such as directors’ and officers’ insurance, via the service charge. But are these costs always a service charge item?  And can they always [...]

By |2021-06-29T21:21:45+01:0012 January 2021|Blogs, company matters, service charges|0 Comments

Does payment of service charges amount to an admission?

Lessees (and landlords) have a right to apply to the First Tier Tribunal (Property Chamber) for a determination whether a service charge is payable and, if it is, the amount that’s payable. However, no application may be made to the Tribunal in respect of a matter which has either been [...]

By |2021-06-27T23:22:56+01:0010 January 2021|Blogs, legal update, service charges, Tribunal|0 Comments

“I didn’t receive my service charge demand….”

Cash is King, or so the saying goes. In a property management context, it is cash flow that is King. Service charge monies need to be collected, in order that those monies can be expended in the provision of services.  Arrears really do have a massive impact on the ability [...]

By |2021-06-29T19:31:54+01:0015 December 2020|Blogs, legal update, service charges|0 Comments

Apportionment of service charges

A well drafted lease will set out how service charges are to be apportioned between lessees.  Apportionment can take a wide variety of forms, ranging from an equitable split between lessees, to a stated percentage or alternatively based on what a landlord (or management company) considers just and equitable. Some leases [...]

By |2021-06-29T18:09:43+01:0014 December 2020|Blogs, legal update, service charges|0 Comments

Replacement of flat front doors

The Upper Tribunal in Southwark LBC v Various lessees of the St Saviours Estate [2017] UKUT 10 (LC) were called upon to consider the reasonableness (or otherwise) of a project of major works carried out by Southwark which included the replacement of the leaseholders’ front entrance doors, most of the communal [...]

Does service charge legislation apply to student blocks?

Residential leaseholders are provided with certain protections in relation to service charge because of the provisions set down by sections 18 to 30 of the Landlord and Tenant Act 1985. “Service charge” means “an amount payable by a tenant of a dwelling as part of or in addition to the [...]

By |2021-06-27T18:41:10+01:004 December 2020|Blogs, legal update|0 Comments
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