Service charges
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Service charges: offsetting of overpaid interim service charges
The amount of a service charge which a tenant can be required to pay in advance towards…
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Service charges: use of the contra proferentem rule frowned upon
The contra proferentem rule provides that where ambiguity exists in the meaning of a contractual…
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Service charges: clarity of reasoning in decisions on reasonableness
Upper Tribunal rules that lessees must provide evidence that costs are unreasonable
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A declaratory determination under section 27A is not enforceable in county court
The Court of Appeal has clarified that a declaration as to the payability of service charges made…
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Service charges: time being of the essence and recoverability of admin charges
The Court of Appeal in Kensquare Ltd v Boakye has determined that time is of the essence…
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Service charges: reconsultation not required for same set of works
The original contractor failed to complete the works. The landlord engaged new contractors…
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Does a service charge fall within the definition in section 18 of the 1985 Act?
Pursuant to section 18(1) of the Landlord and Tenant Act 1985, a “service charge” is defined as…
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Service charges: when it pays to demand properly and in time
Elizabeth Dwomoh explains why compliance with the contractual machinery of the lease is crucial
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Manager had to personally re-pay service charge received
Court-appointed manager failed to carry out the duties required by the order
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Service charges: the need for a court or tribunal to give detailed reasons
It is an established principle of due process and justice that a court or tribunal must give…
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The effects of strike-out of a defence in a claim for unpaid service charges
In a claim for unpaid service charges, a tenant must expressly plead the reasonableness of the…
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Service charges: recoverability of costs ‘through the back door’
The Upper Tribunal (Lands Chamber) has stated that Shearbarn Holiday Park Ltd v Wornell and others…