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Commercial and Residential Service Charges

Commercial and Residential Service Charges

Author: Adam Rosenthal; Elizabeth Fitzgerald; Oliver Radley-Gardner; Nathanial Duckworth; Philip Sissons
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781847669858
Published In: May 2013
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Commercial and Residential Service Charges provides an in-depth analysis of the law and practice relating to service charge disputes in both residential and commercial property law

The principal focus of this brand new title is on service charges payable by tenants to landlords, but it also covers service charges in the freehold context. All heads of charges commonly covered by a service charge are given a detailed treatment together with descriptions of the machinery used for recovering service charges and the remedies available to landlords and tenants in service charge disputes. Most helpfully it includes coverage of thorny issues such as conditions precedent for payment, certification of accounts and methods of apportionment.

Legislation and case law
Commercial and Residential Service Charges considers the various statutory regimes which apply to the collection of service charges, principally in the residential sphere, but also where they affect commercial service charges. This includes the extensive jurisdiction of the Leasehold Valuation Tribunal to determine whether service charges relating to dwellings are payable.

The legislation covered in the book includes:

Landlord and Tenant Act 1985: ss.18 to 30
Service Charges (Consultation etc.) Regulations 2003
Commonhold and Leasehold Reform Act 2002
Unfair Terms in Consumer Contracts Regulations 1999

Detailed coverage of the extensive case-law which has built up at all levels is also included as well as a consideration of the approach of the courts and tribunals to construing service charge provisions. This includes consideration of the most recent cases, including Phillips v Francis (Ch.D) (on the section 20 consultation procedure), Arnold v Britten (Ch.D) (on the construction and nature of a service charge), Cambell v Daejan Properties Limited (CA) and Edwards & Walden (Norfolk) Ltd v City of London, together with numerous recent decisions of the Upper Tribunal (Lands Chamber). There will also be detailed consideration of the forthcoming decision of the Supreme Court in Daejan Investments Limited v Benson (on section 20 of the Landlord and Tenant Act 1985).

Who should read this book?

Focussing solely on service charges and looking at both residential and commercial service charges in detail, this is an essential title for commercial property and residential property solicitors and barristers, surveyors with a service charge related practice and residential and commercial property managing agents.

PART I: INTRODUCTION:
Chapter 1 Introduction;
Chapter 2 The construction of service charge provisions;
PART II: SERVICES:
Chapter 3 The Services: Overview;
Chapter 4 Maintenance and repairs;
Chapter 5 Heating and lighting;
Chapter 6 Cleaning and refuse collection;
Chapter 7 Compliance with legislation;
Chapter 8 The costs of management and managing agents;
Chapter 9 Employment of caretakers/other staff;
Chapter 10 Insurance;
Chapter 11 Legal costs;
Chapter 12 The cost of borrowing;
Chapter 13 Marketing and promotion costs;
PART III: SERVICE CHARGE MACHINERY:
Chapter 14 Overview of machinery;
Chapter 15 Types of management structure;
Chapter 16 Common service structures;
Chapter 17 Certification;
Chapter 18 Consultation, estimation, information and consent requirements;
Chapter 19 Accounts;
Chapter 20 Demands;
Chapter 21 Apportionment;
Chapter 22 Sinking funds and reserve funds;
Chapter 23 Problematic machinery;
Chapter 24 Variation of service charge schemes;
Chapter 25 Effect of destruction of premises;
Chapter 26 Enforcement of service charges between freeholders;
PART IV: STATUTORY REGULATION OF SERVICE CHARGES:
Chapter 27 Introduction;
Chapter 28 Application of the statutory regulations;
Chapter 29 Substantive limitations on residential service charges;
Chapter 30 Consultation requirements;
Chapter 31 Time limits for demands: Section 20B;
Chapter 32 Rights to information about the landlord;
Chapter 33 Rights to information about the service charges;
Chapter 34 Recognised tenants’ associations;
Chapter 35 Right to a management audit;
Chapter 36 Statutory trust of service charge funds;
Chapter 37 Unfair terms in Consumer Contract Regulations 1999;
Chapter 38 Public sector tenants: Right to buy leases;
PART V: REMEDIES:
Chapter 39 Introduction;
Chapter 40 Landlord’s remedies: Debt claim against an existing or former tenant;
Chapter 41 Landlord’s remedies: Debt claim against a guarantor or a party who has entered into an authorised guarantee agreement;
Chapter 42 Applications to the LVT: Section 27A of the Landlord and Tenant Act 1985 (residential leases only);
Chapter 43 Landlord’s remedies: Distress;
Chapter 44 Landlord’s remedies: Service of notice under section 6 of the Law of Distress Amendment Act 1908;
Chapter 45 Landlord’s remedies: Forfeiture;
Chapter 46 Miscellaneous landlord’s remedies;
Chapter 47 Tenants’ remedies and defences.

Adam Rosenthal, Elizabeth Fitzgerald, Nathaniel Duckworth, Oliver Radley-Gardner and Philip Sissons are all barristers from Falcon Chambers, which is widely rated as the ”leading set for all forms of property disputes” (Chambers UK, 2013) , and where all members practice in the fields of commercial and residential property litigation.