A Practical Guide to Residential Service Charges - Second Edition

Disputes over residential service charges are increasing in number each year. Despite being heavily regulated by statute, the inherent conflict between the interests of landlords and tenants has led it to be a heavily litigated area. This book provides an introduction to residential service charges with an overview of the matters that need to be considered when dealing with service charge disputes. It also provides insight into what should be included within a service charge clause both to ensure recovery of sums due and avoid disputes. It seeks to serve as a useful initial reference guide for surveyors and solicitors alike and encompasses an overview of the relevant residential statutory controls and case law.

CONTENTS

Part 1 - General Principles Applicable to Service Charges

1 - The Construction of the Service Charge Clause

2 - Complying With the Mechanics of a Service Charge Clause

3 - General Factors to Consider in Determining Whether the Service Charges Claimed Are Payable Under the Lease

Part 2 - Statutory Regulations for Residential Service Charges

4 - Section 20 Consultations: Purpose and Application

5 - Section 20 Consultations: The Procedure

6 - Section 20 Consultations: Dispensation and Non-Compliance

7 - Reasonableness

8 - Service Charge Demands

9 - The Right to Request Information Relating to Service Charges

10 - Other Statutory Restrictions in Respect of Residential Service Charges

Part 3 - Disputes and Remedies

11 - Alternative Dispute Resolution

12 - Applying to Vary the Lease

13 - Applications for Determination as to Whether Service Charges Are Payable

14 - Tenants Remedies for Non-Performance of the Landlord's Obligations

15 - Landlord's Remedies for Non-Payment of Service Charges

16 - Legal Costs

17 - Possible Forthcoming Changes to the Legislation