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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Commercial and Residential Service Charges

ISBN13: 9781847669858
Published: May 2013
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback
Price: £140.00

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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.

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).

Property Law, Landlord and Tenant Law
Chapter 1 Introduction
Chapter 2 The construction of service charge provisions
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
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
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
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.