Chris Bryden

Do commercial service charge demands have to comply with the same provisions of the Landlord and Tenant Act 1987 & 1985 as residential service charge demands? Do they have to state the name and address of the landlord, the address for which the charges relate and the period to which the arrears relate? Must it be accompanied with a summary of tenant’s rights and obligations?Service charges allow the landlord of a property to recover from the tenant the costs of operating and servicing the building.The Landlord and Tenant Act 1985 (LTA 1985) sets out detailed provisions in respect of demands for service charges. These provisions however apply only to service charges payable by a tenant of a dwelling, and not to commercial premises. The Landlord and Tenant Act 1987 made certain amendments to LTA 1985 but did not make any change to the scope of those provisions.Service charge demands in respect of commercial premises are covered by a different regime, predominantly directed by the terms of the lease. Service charges are only payable if the lease provides for such recovery, and it is usual that the mechanism for the demand and recovery of service charges is set out in terms within the lease. Standard provisions will include the provision of an annual statement giving an account and breakdown of the service charges incurred, as well as when demands can be made and how they are payable. There is no statutory requirement to state the landlord’s details or other matters that are required in respect of a residential tenancy, but it is clearly sensible to do so. There is no requirement for a summary of tenant’s rights to be provided, as again these protections apply only to residential and not to domestic tenants.The Royal Institute of Chartered Surveyors (RICS) produces a Code of Practice relating to Service Charges in Commercial Property, which represents best practice. Compliance with the provisions of the Code of Practice is not mandatory, but in order to avoid criticism or potential legal action, it is sensible for the Code of Practice to be complied with.Therefore, while it is not necessary to state any particular details or to provide more information than is required by the terms of the lease, it will clearly be prudent to do so in all cases. From a practical perspective, stating such details as are suggested in this scenario may avoid any point being taken as to the nature of the demand or from whom it is made (or to whom monies are payable). The first recourse is to the terms of the lease, but it is sensible also to follow where possible the spirit of the RICS Code of Practice.See Practice Notes: Commercial service charges—a tenant’s practical lease negotiation guide (Part 1) and Commercial service charges—a tenant’s practical lease negotiation guide (Part 2).

This Q&A considers whether fixed costs apply in possession claims even if it is forfeiture for rent arrears under a long lease and the property is part commercial.

This Q&A considers whether notices under section 5 of the Landlord and Tenant Act 1987 need to be served on qualifying tenants when selling the shares in a company which owns the freehold reversion of leases.

This Q&A considers whether settlement agreements for settling a commercial dispute always include promises to make payments.

Mini summary: This Q&A considers if the Representations Procedure (Wales) Regulations 2014 apply to complaints made by individuals listed in section 174(3) of the Social Services and Wellbeing (Wales) Act 2014 when they make complaints in their own rights or only if the complaint is on behalf of the child.

This Q&A considers the requirements of the Estates Registration Service for estates in administration in the UK.

This Q&A considers whether you need to advertise all disposals of public open space land whatever the length of the interest, even a lease of less than seven years.

This Q & A considers whether community infrastructure levy (CIL) local land charges have 'leapfrog' capacity once registered.

This Q&A considers whether a Council Improvement Notice/Emergency Action Notice invalidates a section 21 notice which was validly served before the tenant complained to the Council.

This Q&A relates to the powers accruing to deputies to engage in litigation on behalf of a patient without being appointed a litigation friend.

This Q&A looks at the considerations for parental responsibility in relation to a biological father where there are potential applications by a stepfather for adoption, a change of name or parental responsibility.

This Q&A considers whether a Jervis v Harris clause imposes a duty on a landlord under the Defective Premises Act 1972 towards third parties.

This Q&A considers whether the intention to merge freehold and leasehold estates can be formed and acted on at some later point in time than when the two estates first become vested in the same person in the same capacity.

This Q&A looks at whether a notice under section 215 of the Town and Country Planning Act 1990 has to be registered as a local land charge from the time it is served and in force.

This Q&A considers whether a notice under section 27 of the Trustee Act 1925 protects executors who have had power reserved to them.

This Q&A considers whether a patio constructed without a foundation constitutes a structure for the purposes of the Party Wall Act 1996.

This Q&A considers how a local authority should deal with a request pursuant to section 121 of the Housing Act 1996 (HA 1996) to exercise the right to buy in circumstances where one of the exceptions set out in HA 1996, s 124 apply.

This Q&A considers whether a rent deposit has to held in an interest-bearing account and any tax implications.

This Q&A considers whether a right by deed to a supply of electricity over neighbouring land includes a right to ‘upgrade’ a single phase supply to a three phase supply involving a replacement ‘transformer’ and ‘cables’ and an additional ‘pole’ to support the transformer or whether the neighbour could argue that these works would be beyond the original grant.

This Q&A considers the personal knowledge requirements of a senior person signing a statement of truth in support of an adverse possession claim.