Results for "demands"

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Can you charge a fee to the leaseholder for drafting and serving demands?

In March of this year we reported on the decision of the Upper Tribunal (“UT”) in Stampfer -v- Avon Ground Rents Limited [2022] UKUT 68 (LC ) in which the UT overturned a finding of the FTT that a landlord could charge an administration fee of £30 plus VAT for serving a rent demand notice pursuant…

When should you demand for major works costs?

As you will no doubt know, major works projects to a development will, in many cases, amount to ‘Qualifying Works’ as defined under section 20 Landlord and Tenant Act 1985 (“S.20”) and thus be subject to the need for compliance with the S.20 consultation process prior to their commencement. The…

Who is your client?

This may sound like an odd question because, of course, you know who your client is as you will have undertaken due diligence checks upon receipt of instructions. However, despite that, it is always surprising how often we are asked by agents and clients to pursue defaulting lessees and upon…

What do you need to do to comply with Section 47 LTA 1987?

In our Legal Update sent back in April 2018 (see here) , we covered the requirements of Sections 47 and 48 of the Tenant Act 1987 (“LTA 1987”). Since then, and as recent as 11 July 2019, what is required has been further debated and clarity provided by the Upper Tribunal (Lands Chamber) in the case…

Section 20(B) re-visited

In our Legal Update of December 2019 , we reported that the landlord in the long running saga between East Tower Apartments Limited -v- No.1 West India Quay Residential Limited LON/00BG/LSC/2014/0 had been granted permission to appeal the decision of the FTT to the Upper Tribunal (UT) on the…

Dispensation and Section 20C Costs

In this Legal Update we focus on two cases that have a bearing on when dispensation might occur and how section 20C might adversely affect a landlord generally and in relation to even a successful dispensation claim. Dispensation - Aster Communities v Chapman and others [2020] UKUT 177 (LC) Where a…

Avoiding the excuses for late payment!

By far the most common “reasons” (that in reality lack merit) which are given by property owners for late or non-payment of service charges and ground rent are:- “ I didn’t receive the demand ” (i.e. “ you can’t have sent it ” or “ I have moved and you haven’t written to my new address ”); “ I…

What to do with Surpluses and Deficits?

Following one of our previous Legal Updates, we have been asked to cover year-end surpluses and what to do with them. As this is a question we often get asked, we today focus on what surpluses and deficits are and how to manage/handle them. What is a Surplus? A surplus for the year arises where the…