Service charge demands and prescribed information

By s.21B, Landlord and Tenant Act 1985, a demand for the payment of service charges must be accompanied by a summary of rights and obligations, setting out the various rights and options open to leaseholders. In England, that provision has been in force since October 2007 and there is a prescribed format for the summary: […]

Service charges and legal costs: a very short point

The Upper Tribunal (Lands Chamber) has recently handed down two cases on insurance premiums and service charges. I’m not going to deal in any detail with either of them, as both are entirely on their own facts. However, in one case Akorita v Marina Heights (St Leonards) Ltd [2011] UKUT 255 (LC), the Upper Tribunal […]

The degree of formality

… and, no, we’re not talking about meeting the in-laws; rather, we’ve *finally* got a High Court decision on the requirements of s.20B(2), Landlord and Tenant Act 1985. This, in short, requires landlords to either demand service charges within 18 months of incurring the same, or (again, within 18 months)to have notified the tenant that […]

Ground Rent notification

I’ve just noticed that the Government amended the wording for Ground Rent demands (s.166, 2002 Act) on April 26, 2011 (see here: http://www.info4local.gov.uk/documents/publications/1905195). The change is in para. 3 of the Notes for Leaseholders. It used to read: “Section 167 of the Commonhold and Leasehold Reform Act 2002 and regulations made under it prevent your […]

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

… 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 […]

Right to manage: two from the Upper Tribunal

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 charges: a welcome return to orthodoxy

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. […]

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

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 […]

Service charges due and payable?

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 […]

And here’s to you, HHJ Robinson*

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 […]