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Service Charges and Management: Law and Practice, 4th Edition

Service Charges and Management: Law and Practice, 4th Edition

  • Author:
  • Publisher: Sweet & Maxwell U.K.
  • ISBN: 9780414065451
  • Published In: June 2018
  • Format: Hardback , 1136 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
  • Author 
  • Details

    Service Charges and Management provides comprehensive coverage of the law relating to service charges and the management of commercial and residential leasehold, freehold and commonhold property. It identifies the types of dispute which occur most frequently and provides detailed advice on dealing with them.

    Designed to be used as a practical manual, the book uses worked examples to give step by step advice valuable to practitioners and the residential property tribunals. It suggests remedies for both landlord and tenant and gives a structured approach to getting the best outcome for your client, outlining the separate procedures involved in tribunals, courts and Alternative Dispute Resolution.

    Key features:-

    • Written for use by solicitors, counsel, surveyors, managers, landlords and tenants
    • Helps practitioners identify potential issues and problems at an early stage and the best means of avoiding and dealing with them
    • Detailed commentary on the latest case law
    • Management issues covered include the appointment of manager, acquisition orders and the acquisition and exercise of the right to manage
    • Provides the practitioner with all the information they need in one useful volume – ideal for use before the courts and tribunals for disputes arising out of service charge and management issues
    • Considers the use of all forms of ADR in service charge disputes, including negotiation, mediation, arbitration and adjudication
    • Supported by extensive appendices including forms, precedents, statutes and SIs
    • Widely used by practitioners and the judiciary in the First-tier Tribunal (Property Chamber) in England, the Leasehold Valuation Tribunal in Wales and in the Upper Tribunal (Lands Chamber)
    • Detailed analysis by expert team at Tanfield Chambers – a leading set in all aspects of commercial and residential real estate litigation and ADR with a speciality in property management and service charge issues
  • Section 1 – Lease terms:

    • Construction of Leases
    • Forms of Service Charge covenant
    • Machinery of Service Charge clauses – Budgets, Demands, Certification and Accounts
    • Repairs, Maintenance and Improvements
    • Insurance
    • Miscellaneous Service Charge Items
    • Sinking Funds, Reserve Funds and Depreciation Allowances
    • VAT and Tax

    Section 2 – Statutory Regulation of Service Charges and Other Controls:

    • Meaning of Service Charges
    • Rights to Information on Service Charges
    • Demands, Certification and Accounts
    • Consultation on Service Charges
    • Reasonableness of Service Charges
    • Administration Charges and Other Related Charges
    • Statutory Regulation of Service Charges for Insurance
    • Limitation periods for recovery of Service Charges
    • Handling Service Charges: The Statutory Trust
    • Legal Costs as Service Charges
    • Service Charges and the Right to Buy
    • Codes of Practice
    • Commonhold

    Section 3 – Dispute Resolution, Remedies and ADR:

    • ADR: Negotiation, Mediation, Arbitration, Expert Determination and Adjudication
    • Landlords’ Remedies
    • Tenants’ Remedies
    • Variation of Terms in Residential Leases
    • Tribunal Procedure
    • Court Procedure
    • Company Law

    Section 4 – Appointment of Manager, Acquisition Orders and the RTM:

    • The Appointment of a Manager
    • Acquisition Orders
    • The Right to Manage – Introduction, Qualifying Criteria and RTM Companies
    • The Right to Manage – Notice of Intention to Participate and Claim Notice
    • The Right to Manage – Reference to the Tribunals, Withdrawal and Costs
    • The Right to Manage – Acquisition, Exercise and Cessation of RTM

    Appendices:

    • Appendix A – Statutes and Statutory Instruments
    • Appendix B – Precedents
    • Appendix C – Useful Websites
  • Tanfield Chambers is recommended as a top 10 set under Property Litigation/Real Estate Litigation in both the Legal 500 and Chambers and Partners. Members of Chambers regularly appear in all courts and tribunals in service charge and management disputes.

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