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Vol 23 No 4 April/May 2018

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Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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This book is now Out of Print.
A new edition is due, details can be seen here:
Service Charges and Management 4th ed isbn 9780414065451

Service Charges and Management 3rd ed

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ISBN13: 9780414031401
New Edition ISBN: 9780414065451
Previous Edition ISBN: 9781847037558
Published: December 2013
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

Service Charges and Management provides comprehensive coverage of the law relating to service charges and management of commercial, residential and mixed-use developments with commentary on leasehold and commonhold property. It also identifies the type of disputes which occur most frequently and provides detailed advice on how to deal with them and avoid them. The new edition includes relevant statutes and regulations most commonly required in disputes and precedent forms for contentious and non-contentious service charge and management matters.

Service Charges and Management 3rd edition:

  • Written for use by solicitors, counsel, surveyors, managers, landlords and tenants
  • Provides practical advice on the best course of action to take and the best remedies available for clients, be they a landlord or a tenant
  • Gives invaluable guidance on practice and procedure in both non-contentious practice and in contentious practice before courts and tribunals
  • Management issues covered include the appointment of manager, acquisition orders and the acquisition and exercise of the right to manage
  • Covers service charges in relation to commercial, residential and mixed-use, leasehold and commonhold property
  • Examines the topic of service charges and management thoroughly, addressing potential issues and offering useful guidance on the available remedies
  • Considers the point of view of both the landlord and the tenant, including a detailed examination of commonly found contractual obligations, statutory obligations, law and procedure in the courts, the First-tier Tribunal (Property Chamber) in England and the Leasehold Valuation Tribunal in Wales
  • Considers the use of all forms of ADR in service charge disputes, including negotiation, mediation, arbitration and adjudication
  • Identifies the disputes most likely to arise with practical step-by-step advice on how to deal with them
  • Ensures that practitioners identify potential issues and problems at an early stage and the best means of avoiding and dealing with them
  • Includes appendices containing the essential statutory material and regulations
  • 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
  • Includes commentary on the latest case law
  • Includes commentary on the RICS Service Charge Residential Management Code, 2nd ed, 2009 and the Service Charges in Commercial Property: RICS Code of Practice, 2nd ed, 2011
  • Ensures practitioners are working with up-to-date information and guidance
  • Provides relevant forms and precedents in appendices, allowing practitioners quickly to draft and customise documents on behalf of their clients
  • Widely used by practitioners in the First-tier Tribunal (Property Chamber) in England and the Leasehold Valuation Tribunals in Wales and in the Upper Tribunal (Lands Chamber)
What's new in the 3rd edition:

Since the last edition published, there has been a wealth of appeal decisions relating to service charges and management.

Upper Tribunal decisions include:

  • Warwickshire Hamlets Ltd v Gedden and Ors [2010] UKUT 75 (LC)
  • Brennan v St Paul’s Court Ltd [2010] UKUT 403 (LC)
  • Holding & Management (Solitaire) Ltd v Sherwin [2010] UKUT 412 (LC)
  • Wilson v Lesley Place (RTM) Company Ltd [2011] L&TR 11
  • LB Southwark v Leaseholders of the LB Southwark [2011] UKUT 438 (LC)Assethold Limited v 14
  • Stansfield Road RTM Company Ltd [2012] UKUT 262 (LC)
  • Holding & Management (Solitaire) Ltd v Norton & Others [2012] L&TR 15
  • Bradmoss Ltd v Stubbs [2012] UKUT 3 (LC)
  • Freehold Managers (Nominees) Ltd v Piatti [2012] UKUT 241
  • Crosspite Limited v Sachdev [2013] 1 EGLR 31
  • Corscombe Close Block 8 RTM Company Ltd v Rosleb Ltd [2013] UKUT 081 (LC)
High Court decisions include:

  • Paddington Basin Developments Ltd v WEQEM Ltd [2010] L&TR 26
  • Brent LBC v Shulem B Association Ltd [2011] L&TR 22
  • Edwards & Walkden (Norfolk) Ltd v City of London [2012] EWHC 2527 (Ch)
  • Arnold v Britton [2012] EWHC 3451 (Ch)
  • BDW Trading Ltd v South Anglia Housing Ltd [2013] EWHC 2169 (Ch)
  • Phillips v Francis [2013] 1 P&CR 16
Court of Appeal decisions include:

  • McHale v Cadogan [2010] 1 EGLR 51
  • Burr v OM Property Management Ltd [2013] HLR 29
  • Gala Unity Limited v Ariadne Road RTM Company Limited [2013] L&TR 5
Supreme Court decisions include:

  • Daejan Investments Ltd v Benson [2013] UKSC 14, [2013] HLR 21
Other key developments since the last edition include:

  • Replacement of the Lands Tribunal by the Upper Tribunal (Lands Chamber) in November 2010 – with consequential new Practice Directions and Rules
  • Replacement of the Leasehold Valuation Tribunal in England by the First-tier Tribunal (Property Chamber) on 1 July 2013 – with consequential new Rules
  • Companies Act 2009 now in force
  • TECH/2011/03 Guidance by Association of Chartered Accountants in England & Wales in form of service charge accounts
  • Updates to RTM requirements including new standard articles of association and new form of application

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Landlord and Tenant Law
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
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

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

Appendix A – Statutes and Statutory Instruments
Appendix B – Precedents
Appendix C – Useful Websites