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service charges

APPOINTMENT OF A MANAGER

We have recently seen a rise in the number of enquiries from long leaseholders dissatisfied with the management of their building. Often after the leaseholders have themselves taken over the management. Many of our readers will be aware that the Commonhold and Leasehold Reform Act 2002 introduced Right to Manage (RTM). This was a non-fault …

APPOINTMENT OF A MANAGER Read More »

Read the Lease!

A recent decision of the Upper Tribunal (Lands Chamber) in Sadd v. Brown [2012] UKUT 438 (LC) stands to remind us that it is always important that you read and understand the terms of the lease. The case was about the recoverability of an insurance premium. In the past all parties to the lease had …

Read the Lease! Read More »

Service charges: Reasonableness of charges caused by breaches of other leaseholders covenants

An interesting case recently came before the Upper Tribunal (Lands Chamber) relating to what is the position when service charge costs have risen because of the breach by some leaseholders of their covenants.  In the case of Liverpool Quays Management Limited v. Carol Ann Moscardini [2012] UKUT 244(LC) The President of the Upper Tribunal considered …

Service charges: Reasonableness of charges caused by breaches of other leaseholders covenants Read More »

Appeals from the LVT and the Upper Chamber (Lands Tribunal)

Applications to the LVT appear to be on the rise.  Whilst currently the rules for these Tribunals are subject to consultation pending the formation of the Lower Tribunal (Lands Tribunal) it is worth reminding everyone about the current rules.  Once you receive a decision of the LVT you have 21 days from the date when …

Appeals from the LVT and the Upper Chamber (Lands Tribunal) Read More »

Are In House Solicitors Costs recoverable as service charges or administration fees?

In OM Property Management Limited v. Mr Olajide Olaleye [2012] UKUT 102 (LT) the Upper Tribunal (Lands Chamber) had to consider whether legal costs incurred by an in house solicitor of dealing with an application to the Leasehold Valuation Tribunal (“LVT”) could be recoverable as a service charge. At first instance the LVT determined these …

Are In House Solicitors Costs recoverable as service charges or administration fees? Read More »

Can the freeholder recover costs incurred in pursuing me at the LVT as service charge?

The above question is one which frequently arises when a claim has been made by a freeholder to the LVT to determine the reasonableness of service charges. Obviously it is always open to the tenant to request that the LVT in determining the application will exercise it’s discretion and make an order under Section 20c …

Can the freeholder recover costs incurred in pursuing me at the LVT as service charge? Read More »

Enfranchisement: can you bring multiple claims?

Recently the High Court has ruled on the case of Westbrook Dolphin Square Limited v. Friends Provident Life and Pensions Limited. The Leasehold Reform Housing and Urban Development Act 1993 expressly considers the position which may arise when a Notice (whether for enfranchisement or a lease extension) has been validly served but is not proceeded …

Enfranchisement: can you bring multiple claims? Read More »

Is it reasonable to expect tenants to pay large service charges?

The Upper Chamber Lands Tribunal recently considered whether in determining if costs have been reasonably incurred account should be taken of the financial impact on tenants and whether major works should be phased (Garside and others v. RYFC Ltd and others [2011] UKUT 367). The case involved an estate of 5 blocks with 54 flats …

Is it reasonable to expect tenants to pay large service charges? Read More »

Service Charges….or not

It may be possible for a company to recover monies from leaseholders who are also members of the company if the Comany’s articles impose an obligation on members to pay those funds.

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PainSmith Solicitors,
1 Mansfield Business Park,
Station Approach,
Lymington Bottom Road,
Medstead, Hampshire
GU34 5PZ

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Authorised and Regulated by the Solicitors Regulation Authority (SRA Number 562686)

Painsmith Solicitors Limited trading as Painsmith Solicitors, Director: Marveen Smith. Registered No. 07617210.

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