Results for "service charges"

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Court of Appeal confirms Upper Tribunal’s decision on the reasonableness of service charges where payment is due from a third party

This time last year, we reported on the Upper Tribunal’s decision in Avon Ground Rents -v- Cowley and others [2018] UKUT 92 (LC) ( see here ). In that case, the UT found that the residential leaseholders were not required to make any contribution towards the costs of remedial works, as the NHBC was…

Enforcing Tribunal determinations under Section 27A as to payability and reasonableness of service charges

Why is there a topiary cat as the image for this article? Well the article relates to a dispute at Clarendon Court, Sidmouth Road, London NW2 and a quick Google Street View ‘drive by’ will answer that question. On though now with the important bit - the law relating to this important case. Last…

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

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…

When will landlord’s insurance premiums be “reasonably incurred”?

Insurance premiums payable by residential leaseholders under the terms of a long lease must, like service charges, be “reasonably incurred” under Section 19 of the Landlord and Tenant Act 1985. Leaseholders can challenge insurance premiums which they consider to be unreasonable in amount in the…

East Tower Apartments Limited v No.1 West India Quay Residential Limited

In May 2018 our Legal Update ( see here ) “ Limitation on recovery of service charges - “The 18 Month Rule” provided guidance on the limitations on recovering service charges from residential leaseholders under Section 20B(1) Landlord and Tenant Act 1985 and the importance of getting that right.…

When is an unsatisfactory lease unsatisfactory enough?!

In the recent case of Triplerose Limited -v- Stride [2019] UKUT 0099 (LC), the Upper Tribunal (‘the UT’) allowed a leaseholder’s appeal against the decision of the First-Tier Tribunal (‘the FTT’) to vary a lease where there was a failure to make satisfactory provision for the recovery of service…

Service of demands

Today we focus on the recently appealed case of 38/41 CHG Residents Company Ltd v Hyslop [2020]UKUT 21 (LC), an interesting case concerned with whether a leaseholder’s bare denial of receiving service charge demands is enough to avoid liability for service charges. Background The appellant (the…

Liability for Common Parts - A Common Problem

Amongst the many excuses we see for non-payment of service charges payable in respect of leasehold flats or freehold estates, “ I don’t have access to those common parts, so I don’t have to pay ” is one of the most common. This could be, for example, the owner of the ground floor flat with no need…