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Service Charges and Management

Service Charges and Management
5th Edition
Series:  Practitioner Series
ISBN:  9780414089334
Published by:  Sweet & Maxwell
Publication Date:  31 Dec 2021
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION


Service Charges and Management provides comprehensive coverage of the law relating to service charges and the management of commercial and residential leasehold, freehold and commonhold property. It identifies the types of dispute which occur most frequently and provides detailed advice on dealing with them.

Designed to be used as a practical manual, the book uses worked examples to give step by step advice valuable to practitioners and the residential property tribunals. It suggests remedies for both landlord and tenant and gives a structured approach to getting the best outcome for your client, outlining the separate procedures involved in tribunals, courts and Alternative Dispute Resolution.

Key features:
  • Written for use by solicitors, counsel, surveyors, managers, landlords and tenants
  • Helps practitioners identify potential issues and problems at an early stage and the best means of avoiding and dealing with them
  • Detailed commentary on the latest case law
  • Management issues covered include the appointment of manager, acquisition orders and the acquisition and exercise of the right to manage
  • 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
  • Considers the use of all forms of ADR in service charge disputes, including negotiation, mediation, arbitration and adjudication
  • Supported by extensive appendices including forms, precedents, statutes and SIs
  • Widely used by practitioners and the judiciary in the First-tier Tribunal (Property Chamber) in England, the Leasehold Valuation Tribunal in Wales and in the Upper Tribunal (Lands Chamber)
  • Detailed analysis by expert team at Tanfield Chambers – a leading set in all aspects of commercial and residential real estate litigation and ADR with a speciality in property management and service charge issues


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CONTENTS

SECTION 1: THE LEASE
  • 1. CONTRACTUAL INTERPRETATION
  • 2. FORM OF SERVICE CHARGE COVENANT
  • 3. THE MACHINERY OF SERVICE CHARGES - INTERIM DEMANDS,
  • ACCOUNTS, CERTIFICATION AND BALANCING PAYMENTS
SECTION 2: THE RELEVANT COSTS
  • 4. COSTS OF REPAIR AND MAINTENANCE
  • 5. COMMON SERVICES
  • 6. INSURANCE
  • 7. LEGAL COSTS
  • 8. PROFIT, LOSS, FINANCE COSTS AND INTEREST
  • 9. RESERVE FUNDS, SINKING FUNDS AND DEPRECIATION ALLOWANCES
  • 10. VAT AND TAX
SECTION 3: STATUTORY CONTROL OF SERVICE CHARGES AND
RELATED COSTS
  • 11. MEANING OF SERVICE CHARGE
  • 12. REGULATION OF DEMANDS, CERTIFICATION AND ACCOUNTS
  • 13. CONSULTATION REQUIREMENTS
  • 14. REASONABLENESS
  • 15. ADMINISTRATION AND ESTATE CHARGES
  • 16. THE STATUTORY TRUST
  • 17. STATUTORY REGULATION OF COSTS
  • 18. MANAGEMENT CODES OF PRACTICE
  • 19. RIGHT TO BUY LEASES AND SERVICE CHARGES
  • 20. COMMONHOLD MANAGEMENT
SECTION 4: STATUTORY RIGHTS RELATING TO INSURANCE AND
INFORMATION
  • 21. STATUTORY REGULATION OF INSURANCE
  • 22. RIGHTS TO INFORMATION
SECTION 5: STATUTORY RIGHTS OF MANAGEMENT
  • 23. THE APPOINTMENT OF A MANAGER
  • 24. ACQUISITION ORDERS
  • 25. THE RIGHT TO MANAGE: INTRODUCTION, QUALIFYING CRITERIA AND RTM COMPANIES
  • 26. THE RIGHT TO MANAGE: NOTICE OF INTENTION TO PARTICIPATE AND THE CLAIM NOTICE
  • 27. THE RIGHT TO MANAGE: PROCEDURE FOLLOWING SERVICE OF THE CLAIM NOTICE
  • 28. THE RIGHT TO MANAGE: REFERENCE TO THE TRIBUNAL, WITHDRAWAL AND COSTS
  • 29. THE RIGHT TO MANAGE: ACQUISITION, EXERCISE AND CESSATION OF THE RIGHT TO MANAGE
SECTION 6: REMEDIES AND PROCEDURE
  • 30. LANDLORD’S REMEDIES
  • 31. TENANT’S REMEDIES
  • 32. LIMITATION
  • 33. VARIATION OF TERMS
  • 34. RESIDENTIAL PROPERTY TRIBUNALS
  • 35. THE COURTS
  • 36. ALTERNATIVE DISPUTE RESOLUTION: NEGOTIATION, MEDIATION,
  • ARBITRATION, EXPERT DETERMINATION AND ADJUDICATION
  • 37. COMPANY LAW
APPENDICES



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