Tag Archive for 'service charges'

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On the fourth day of Christmas, my true love gave to me…

By J on 21/12/2010. 8 Comments

… a case about service charges, balancing payments, LVT procedure and precedent.

In Holding and Management (Solitaire) Ltd v Sherwin [2010] UKUT 412 (LC), the Upper Tribunal (Lands Chamber) had to grapple with s.20B, Landlord and Tenant Act 1985. This provides:

“Limitation of service charges: time limit on making demands.

(1)           If any of the relevant costs taken into account in determining the amount of any service charge were incurred more than 18 months before a demand for payment of the service charge is served on the tenant, then (subject to subsection (2)), the tenant shall not be liable to pay so much of the service charge as reflects the

… Read the full post

Posted in Housing law - All and Leasehold and shared ownership. Tags: , , , .

Right to manage: two from the Upper Tribunal

By J on 15/11/2010. 1 Comment

Chapter 1, Part 2, Commonhold and Leasehold Reform Act 2002 makes provision for “qualifying tenants” of a building to form a company that, in turn, will acquire the right to manage the property from the freeholder. It is largely modeled on the collective enfranchisement provisions of the Leasehold Reform, Housing and Urban Development Act 1993 (service of claim notice, reply, disputes resolved by the LVT, etc). For present purposes, readers need to note two points:

(a) s.79, 2002 Act requires the notice of claim to be given, inter alia, to the landlord and other tenants. The notice must give a date, being “not earlier than one month” by which … Read the full post

Posted in Housing law - All and Leasehold and shared ownership. Tags: , , , .

Service charges: a welcome return to orthodoxy

By J on 02/11/2010. 0 Comments

Whilst we’re waiting for Wednesday, (when the Supreme Court will give judgment in Pinnock, in case you were wondering), the housing law world doesn’t stop in the interim. Far from it. So, without further ado, lets turn to Regent Management Ltd v Jones [2010] UKUT 369 (LC), a service charge appeal to the Upper Tribunal.

The appellant, Regent Management Ltd, was a management company under the lease (for those of you who don’t practice in this field, many modern residential leases, especially of large developments, are tripartite leases, whereby the freeholder has very limited obligations and the usual repairs, services etc are provided by a management company, with whom … Read the full post

Posted in FLW case note, Housing law - All, Leasehold and shared ownership and Uncategorized. Tags: , , .

RTM costs (or, how not to grant permission to appeal)

By J on 28/09/2010. 0 Comments

Wilson v Lesley Place (RTM) Company Ltd [2010] UKUT 342 (LC)

I confess to being a bit bitter about this case. The Upper Tribunal (Lands Chamber) is hideously overworked. It can (and often does) take over a year for an appeal from an LVT to get before the Upper Tribunal. Matters aren’t helped when cases like this come along and take up the valuable time of the Upper Tribunal.

The respondent was an RTM company and the appellant a non-participating tenant. The RTM company demanded various sums that primarily appeared to relate to the establishment and running of the RTM company (insurance, accountancy fees, Companies House fees, etc) as a … Read the full post

Posted in Housing law - All and Leasehold and shared ownership. Tags: , , .

Service charges due and payable?

By NL on 05/09/2010. 0 Comments

Staunton v Kaye & Anor [2010] UKUT 270 (LC)

This is a rather confused matter from the Upper Tribunal (Lands) sitting in Manchester. It is made all the more confused by a transcript which muddles parties and at one point suggests the LVT was in error in remitting the matter to itself.

At issue was the payability of a demand for £1,227.47. The questions were variously whether it was a service charge, whether the s.20 Landlord and Tenant Act 1985 notification procedure had been complied with, or could be dispensed with, and particularly whether the demand complied with s.47 Landlord and Tenant Act 1987 (and, on appeal, also s.48 L&T … Read the full post

Posted in FLW case note, Housing law - All and Leasehold and shared ownership. Tags: , , , , .

And here’s to you, HHJ Robinson*

By J on 15/05/2010. 0 Comments

Three decisions of HHJ Robinson, sitting as a judge of the Upper Tribunal (Lands Chamber) for your delectation.

In Masri v The Wellcome Trust Ltd [2010] UKUT 138 (LC)  the respondents had originally demanded c.£19,000 of charges but, after recording a number of concessions by the respondents and determining various remaining items, the charges, the LVT reduced the charges to £1,011.95. The appellant obtained permission to appeal on three points. The first two were closely related – it was said that the LVT should have deduced various further sums which had been conceded, but which had not been taken into account in the final determination; alternatively, reasons should have been … Read the full post

Posted in FLW case note, Leasehold and shared ownership and Uncategorized. Tags: , , .

Holiday chalets and service charges

By J on 01/05/2010. 9 Comments

Hopefully, you’re either reading this (a) whilst enjoying the long bank-holiday weekend or (b) back in the office after having enjoyed the long weekend. Either way, a case about holiday chalets seemed appropriate at this time.

By s.27A, Landlord and Tenant Act 1985, an application may be made to an LVT to determine, inter alia whether a service charge is payable and in what sum. A service charge is (s.18, 1985 Act) an amount payable by a tenant of a dwelling for services, repairs, maintenance, improvements, insurance or the landlord’s costs of management, the whole or part of which costs vary according to the costs incurred by the landlord in … Read the full post

Posted in Housing law - All and Leasehold and shared ownership. Tags: , , , .
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