Commercial and Residential Service Charges

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).