Service charges

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Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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9th Nov

Most recent Service charges content

Practice notes
This Practice Note considers the current position and provides guidance on the interpretation and application of the relevant provisions of the CPR....
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15th Jan
Precedents
[On the headed notepaper of the creditor’s solicitors]FAO [Insert name of debtor][Name of debtor’s solicitors][Address line 1][Address line...
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15th Jan
Practice notes
This Practice Note explains the procedure for handling commercial service charge disputes including by reference to the mandatory obligations and best...
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15th Jan
Practice notes
Statute limits the amount that may be recovered from tenants of dwellings by way either of service or administration charges. In both cases the...
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15th Jan
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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15th Jan
Practice notes
ARCHIVED: The third edition of the Royal Institution of Chartered Surveyors (RICS) Code of Practice ‘Service charges in commercial property’ (and all...
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15th Jan
Practice notes
This Practice Note explains the procedure for handling some of the most common residential service charge disputes under the Landlord and Tenant Act...
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Produced in partnership with Victoria Jones 15th Jan
Practice notes
Repair and improvementsA tenant will not generally be expected to pay for the landlord to upgrade or improve its property as opposed to repairing it....
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15th Jan
Practice notes
STOP PRESS: This Practice Note is currently being updated in light of the Heat Network (Metering and Billing) (Amendment) Regulations 2020, SI...
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Produced in partnership with ELM Law 15th Jan
Q&As
The law requires that leaseholders paying variable service charges must be consulted before a landlord carries out qualifying works or enters into a...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 8th Jan
Q&As
For residential leases, where the interest of the landlord under a lease or tenancy which consists of or includes a dwelling is assigned, the new...
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Produced in partnership with Desmond Kilcoyne 8th Jan
Q&As
The payment and recovery of service charges is primarily determined by the relevant provisions of the applicable lease, subject to some statutory...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
A residential lease, if properly drafted, will usually contain provisions enabling the landlord to recover from the tenant legal costs incurred in...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
In the case of commercial premises, the protection afforded to residential tenants by the Landlord and Tenant Act 1985 (LTA 1985) will not apply. As...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 8th Jan

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