Service Charges and Management

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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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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
APPENDIX A: STATUTES AND STATUTORY INSTRUMENTS
APPENDIX B: MISCELLANEOUS NOTICES AND DEMANDS

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