Results for "s.20B"

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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.…

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…

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…

Year-end balancing charges - common considerations

As inflation continues to exert pressure on maintenance and operational expenses for those managing residential property, it has become harder to budget for yearly service charge expenditure without the need for end of year balancing charges to make up the shortfall. This Legal Update looks at…

Section 20 Series (Part 2) - Qualifying Long Term Agreements

This Legal Update is the second in our Section 20 series, providing a summary of the statutory consultation requirements in relation to Qualifying Long Term Agreements . It is concerned with landlords, RMCs and RTM companies in the private sector, and does not cover the public procurement rules…

Getting your service charge demands right

It is a source of immense frustration for landlords, RMCs or RTM companies to be told that, because of some defect with the demands issued to a leaseholder, action cannot be taken to enforce a demand and recover payment from a defaulting leaseholder. This Legal Update is intended as an aide-mémoire…

Do you know who your client is?

Do you know who you client is? That may sound like an odd question because, of course, you know who the Landlord, Resident Management Company (“RMC”) or Right to Manage Company (“RTM”) is that has appointed you to manage a development or create a tenancy in relation to a property for rent and, in…

Does an incorrect demand amount to an invalid demand?

Often a leaseholder will take the view that an incorrect demand must be invalid without further discussion and whilst steps to address the issues are perhaps relatively simple in most cases (and thereby avoid the need to litigate), sometimes the matter is not so straightforward. So where do you…

Appealing a decision of the FTT

As with any adversarial process, in most disputes handled by the First-Tier Tribunal (“FTT”), there will inevitably be one party (often, but not always, the ‘unsuccessful’ party) who is aggrieved by the outcome reached by the FTT. However, the circumstances in which the decision of the FTT can be…

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…

Limitation on recovery of service charges - “The 18 Month Rule”

Despite the serious consequences for landlords and management companies, including limitations on recovering service charges from residential leaseholders, “the 18 month rule” appears to be one of the least understood provisions amongst landlords, management companies and managing agents. In this…

When should the Tribunal make a s.20C Order in relation to costs

Many (incorrectly) consider the First Tier Tribunal to be a ‘no costs’ jurisdiction and thus that no order will be made against them to pay the other sides costs - win or lose. Whilst the Tribunal can order that either party (landlord or leaseholder) must pay an amount of the costs incurred by the…