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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…

Radcliffe Investments Limited -v- Meeson and other leaseholders of Park Rise, Trafford Plaza - Unreasonable Waking Watch Costs

This week’s legal update looks at yet another decision of the Tribunals following the fallout from the Grenfell Tower tragedy during the summer of 2017. The focus of this particular case was, again, the significant costs of a “waking watch” that has formed part of residential building fire safety…

Do I have to pay service charges for items that I do not use?

We deal with a lot of enquiries from managing agents and landlords where disputes arise as to the liabilty for costs relating to works to repair, say, the communal lift in the building or decoration to the internal common parts to which the basement or ground floor tenant has no access. In such…

Court of Appeal confirms contractually valid demand required for Section 20B

The Court of Appeal has recently considered the correct interpretation of Section 20B of the Landlord and Tenant Act 1985, ‘the 18 month rule’, in the long-running saga between No. 1 West India Quay (Residential) Limited -v- East Tower Apartments Limited . Background The dispute concerns the…

How to assess what is a “fair and reasonable” apportionment of service charge - Bradley and another v Abacus Land 4 Ltd

NOTE - The decision dealt with in this article was subject to appeal to, and ruling by, the Court of Appeal on 16 October 2025 and so the up to date position is set out in our later article here . This update deals with the case of Bradley and another v Abacus Land 4 Ltd [2024] UKUT 120 (LC) which…

Whose door is it anyway?!

This week’s legal update focuses upon a topic that we are regularly being asked about and that concerns the ability of those who manage buildings, such as Landlords, Management Companies and those that have acquired the Right to Manage, to compel leaseholders to alter the front door of their flat…

Liability for structural defects

Defects in design, installation or construction can lead to significant and costly problems for landlords and leaseholders later on, particularly when it comes to the question of liability for the cost of remedial works. The starting point, as always, is the terms of the lease, which set out what…

Everything You Always Wanted to Know About Service Charges During Coronavirus* (*But Were Afraid to Ask)

We are now officially 6 months into this interesting period that is 2020. We are all adorning face masks to leave the house, anti bac spray is now a staple in most bags or pockets, we give a wide berth to people walking toward us down the street and we haven’t shaken anyone’s hand for what seems…

The potential cost of dispensation from s.20 consultation

Those landlords, management companies, managing agents and leaseholders used to dealing with leasehold property will be all too aware of the need and process for consultation under section 20 Landlord and Tenant Act 1985 (“s.20”) ahead of contracting for major works (“qualifying works” , as defined…

To enforce or not to enforce? - That is a valid question

Well, here we all are, three months into lockdown and, with some clear relief, the slow release from isolation seems to be coming our way - and just in time for the summer too. What could be better? Given that lockdown started shortly before the March Quarter Day and we have just passed the June…

Service Charge Arrears - Can and should you take steps to recover unpaid charges in light of Coronavirus? - An update.

We set out in our last Legal Update (which can be viewed here) our thoughts on the proposed legislative changes and whether these affected how you, as Landlords, Management Companies and Managing Agents, manage the funding of your developments and specifically whether you were prevented from…

Where’s my notice?! Who should be consulted under Section 20 of the Landlord and Tenant Act 1985

This week’s Legal Update looks at a very important decision of the Upper Tribunal from 2016 that dealt with the question of who is to serve who with Section 20 consultation notices ahead of major works or entry into a qualifying long term agreement on a development that consists of leases and under…