‘It did seem to be expensive’

Gateway (Leeds) Management Ltd v (1) Naghash (2) Shamsizadeh [2015] UKUT 333 (LC) If a head leaseholder, or managing company passes on as a service charge, rent charged by a freeholder for property in order to provide services, does this amount to a variable service charge for the purposes of s.18 Landlord and Tenant Act […]

Indecent homes and major works charges

The DCLG has released the “Social landlords reduction of service charges: mandatory and discretionary directions 2014“, in force as of today, 12 August 2014. The upshot of the mandatory directions is that a social landlord which undertakes “repair, maintenance or improvement” wholly or partly funded by (a) the Decent Homes Backlog Funding provided through the […]

Historic Neglect

  Daejan Properties Ltd v Griffin & Anor [2014] UKUT 206 (LC) is not, perhaps, the most riveting of Upper Tribunal appeals on service charges, but it does have some useful statements and reminders along the way. This concerned a 3 storey Victorian property in Barnet, with shops on the ground floor and 18 flats […]

Three of a kind beats two of a pair

Arnold v Britton [2012] EWHC 2451(Ch) is the third holiday chalet / service charge case we’ve covered in short order (the other two are here and here). Coincidence or evidence of a growth area of work I wonder? Anyway, back to the case. The issue was whether or not the lease provided for the payment […]

This seems to be taking a while

Back in May 2010, we covered the case of Philips v Francis (QBD, Truro District Registry) on whether or not holiday chalets let on long leases were “dwellings” within the meaning of the Landlord and Tenant Act 1985, and, hence, the service charges payable by owners of the chalets were subject to terms of the […]

Service charges ad infinitum

The Upper Tribunal is hearing what might turn out to be quite an important s.20, LTA 1985 dispensation case today (LB Southwark v over 13,000 leaseholders in the borough (our note here) and, as ever, we’ll bring it to you as soon as we have news of the result. In the meantime, the UT(LC) has […]

It’s like waiting for a bus

The Upper Tribunal (Lands Chamber) appears to have had a sudden burst of efficiency, churning out judgments at over one a week. It wasn’t that long ago that I can remember one a month being considered an efficient turn over. The reason, it appears, is that more judges have been appointed (hurrah!). So, without further […]

They do not hear me, it’s the same old case*

Levitt and Levitt v LB Camden [2011] UKUT 366 (LC) The Brunswick Centre is a well-known mixed residential and commercial development in London. There are almost 400 flats atop perhaps 30 or so commercial units. The flats are (for the most part) heated by a warm air re-circulation system, whereby the heat/hot water is produced […]

Service charges and legal costs: am I missing something?

Forgive me for what may turn out to be a silly question, but this is something I’ve been thinking about recently and wanted to see what everyone else thought. Leasehold property and legal costs A well-drafted lease will usually contain a provision requiring the tenant to pay the landlords legal costs in the event that […]

I’m not talking to you

Following on from the news that LEASE (the Leasehold Advisory Service – a quango) had not been granted funding to continue to advise the public on commonhold issues (see our note, here), comes the news that it is to stop offering mediation services in service charge disputes (again, one presumes, for lack of funding). The […]