The following Property Q&A provides comprehensive and up to date legal information covering:
The general starting point is that a landlord cannot recover the cost of items which are not clearly included in the lease and which are of no benefit to the tenants. As a matter of law, the costs of legal proceedings are only recoverable via the service charge if the wording of the lease allows it.
It will therefore depend upon the interpretation of the relevant lease as to whether the cost of legal advice as to a potential breach of covenant by a tenant is included.
In addition, statute limits the amount that may be recovered from tenants of dwellings by way either of service or administration charges. In both cases, the landlord may recover no more than is ‘reasonable’, notwithstanding any contrary provision in the lease.
In Geyfords v O’Sullivan, the Upper Tribunal (Lands Chamber) held that the landlord's legal fees in respect of legal proceedings against other tenants were not recoverable as service charge under the terms of the lease. Such costs could not be said to fall within a clause requiring the tenant to contribute to 'all other expenses (if any) incurred…in and about the maintenance and proper and convenient management and running…' of the building.
Under section 20C of the Landlord and Tenant Act 1985, the court or tribunal has discretion
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Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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