Results for "section 22"

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KDL Law win in Court of Appeal avoiding arrears recovery chaos for all involved in property management

At 10:00am today the Court of Appeal handed down its hugely important judgment in Keith Vernon Gell -v- 32 St John’s Road (Eastbourne) Management Company Limited , a case which could have transformed, in a very bad way, how the Court dealt with future claims for service charge arrears. We are…

Urgency is a reason, but not a pre-condition, for dispensation from s.20 Consultation

As lawyers advising landlords, managing agents, RMC and RTM companies, not a day goes by that we are not providing advice on the consultation requirements under Section 20 of the Landlord and Tenant Act 1985 (“the Act”) and the associated Regulations in relation to any qualifying works , qualifying…

The importance of getting Rent Demands right!

Section 166 Commonhold and Leasehold Reform Act 2002 (“s.166 Notice”) sets out that a prescribed form must be used when demanding Ground Rent. Our January 2019 Legal Update “Rent Demands - How to ensure that they are valid” (see here) provided guidance on the requirements of how to correctly…

Statements of Truth in litigation - what are they and what do they mean?

Parties to litigation are required to conduct themselves and what they say within those proceedings with honesty. Accordingly, throughout various stages of litigation either in the Courts or Tribunals, the parties will be required to sign (or authorise their legal representatives to sign) a…

Chaos avoided - A hugely important decision today from the Court of Appeal confirming the Court’s role in determining Service Charges

Estate Rentcharges

It is becoming more common to find, on managed modern mixed tenure residential estates, that the properties sold thereon are subject to Estate Rentcharges. So what are Estate Rentcharges and how can they be enforced if they are not paid? Estate Rentcharges come in two forms:- A fixed Estate…

Self help - make sure that you deal with it correctly or you may fail to recover what you spend!

The case we are looking at in this Legal Update is Thirty One Crescent Grove Ltd v Atherden [2024] UKUT 80 (LC) a case that we have looked at previously on a different point ( see here ). 31 Crescent Grove is a block of 6 flats in a converted house and the leaseholders were all shareholders in the…