A Practical Guide to Commercial Property Service Charges

Conveyancing / Tenancy / Land

A Practical Guide to Commercial Property Service Charges

By Rachel Garton
Law Brief Publishing September 2023

Specifications

ISBN-13
9781914608834
Publisher
Law Brief Publishing
Publication
September 2023
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Disputes over commercial service charges are increasing in number each year. The inherent conflicts of interest between landlords and tenants has led it to be a heavily litigated area with recent cases being of concern for both parties.

This book aims to provide an introduction to commercial service charge with an overview of the matters that need to be considered when dealing with service charge disputes. It provides insight into the application of the Service Charge Code as well as reviewing what should be included within a service charge clause both to ensure recovery of sums due and avoid disputes. It seeks to serve as a useful initial reference guide for surveyors and solicitors alike and encompasses an overview of relevant case law to assist both with drafting service charge clauses and in dealing with disputes.

Table of Contents

Part One – General Principles Applicable to Service Charges
Chapter One – the Construction of the Service Charge Clause
Chapter Two – Sinking or Reserve Funds
Chapter Three – the Court’s Interpretation of a Service Charge Clause
Chapter Four – Complying With the Mechanics of a Service Charge Clause
Chapter Five – Factors Applicable to Both Commercial and Residential Property in Considering if Service Charges Are Payable

Part Two – Principles Applicable to Commercial Service Charges
Chapter Six – Factors to Consider in Determining Whether Commercial Service Charges Claimed Are Payable Under the Lease
Chapter Seven – the Impact of the Service Charge Code: Professional Statement

Part Three – Miscellaneous Points to Consider
Chapter Eight – Tax and Indexation
Chapter Nine – Mixed Use Premises
Chapter Ten – Variations to the Lease Terms and Changes in Identity of the Parties

Part Four – Disputes and Remedies
Chapter Eleven – Alternative Dispute Resolution
Chapter Twelve – Application for a Declaration
Chapter Thirteen – Tenant’s Remedies for Non-Performance of the Landlord’s Obligations
Chapter Fourteen – Landlord’s Remedies for Non-Payment of Service Charges
Chapter Fifteen – Legal Costs
Chapter Sixteen – Summary
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