A review of recent decisions
If you are responsible for the collection of service charges from business tenants, then, sooner or later, you may be faced with a claim that:
- money should be returned as having been paid under a mistake of law;
- liability to pay should be suspended because the premises have been damaged by an insured risk;
- the reserve fund should not be applied to works of little or no benefit to short-term tenants;
- tenants should not have to contribute to the cost of works required by the Disability Discrimination Act 1995.
The effect of recent decisions and of the second edition of the Guide to Good Practice for Service Charges and Commercial Properties is considered by Geoffrey Silman, of Finers Stephens Innocent, in