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These issues were considered by the Upper Tribunal (Lands Chamber) (UT) in two recent cases which we explore in this post.
In Sadeh v Mirhan and Azzniv (Charitable Trust)  UKUT 0428 (LC), the dispute centered on the service charge and insurance payable by residential tenants in a mixed use building.
The residential tenants argued that the insurance covered risks which were not envisaged by their leases and which could not properly be charged for through the service charge - both in terms of commercial weighting and on property owners’ liability.
The residential tenants argued that they should not have any obligation to contribute to the commercial weighting of the premium attributable to the commercial unit on the ground floor (a dry cleaners) whether directly or via the service charge. Instead, their
liability should be calculated as if the property was 100% residential.
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Melissa Moore is a dual qualified in England and Wales and South African lawyer and has 14 years’ experience in property practice in England. She has worked in local government and been a partner at a regional law firm and most recently an associate director at Berwin Leighton Paisner which she joined in 2005. Melissa has wide experience in all areas of property law and specializes in commercial real estate development. She has experience in a number of sectors including hotel, leisure, offices, investment, industrial, motorway service stations and funding. She has worked on large scale strategic developments and government funding initiatives, town centre regeneration schemes and private mixed use developments both for public sector and private developers and investment funds. In 2013 she was ranked by Legal 500 as recommended for local government work.
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