Service Charges and Management

Law and Practice
3. Auflage 2013
ISBN: 978-0-414-03140-1
Verlag: Sweet & Maxwell

Buch, Englisch, 1136 Seiten

Reihe: Practitioner Series

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,
- 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
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
Bradmoss Ltd v Stubbs [2012] UKUT 3 (LC)
Freehold Managers (Nominees) Ltd v Piatti [2012] UKUT
Crosspite Limited v Sachdev [2013] 1 EGLR
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
Brent LBC v Shulem B Association Ltd [2011] L&TR
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
Court of Appeal decisions include:

McHale v Cadogan [2010] 1 EGLR
Burr v OM Property Management Ltd [2013] HLR
Gala Unity Limited v Ariadne Road RTM Company Limited [2013] L&TR

Supreme Court decisions include:

Daejan Investments Ltd v Benson [2013] UKSC 14, [2013] HLR

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

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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
- Insurance
- 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
- Commonhold

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

Appendices:

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