Residential service charge disputes

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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
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 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
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
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
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
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
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
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
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
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
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
Precedents
Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...
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9th Nov
Practice notes
If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....
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9th Nov
Practice notes
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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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

Most recent Residential service charge disputes content

Practice notes
The Heat Network (Metering and Billing) Regulations 2014, SI 2014/3120, as amended (the Regulations) transpose parts of the EU Energy Efficiency...
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Produced in partnership with Tom Bainbridge of Lux Nova Partners 30th Apr
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 29th Apr
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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29th Apr
Q&As
Where section 42 of the Landlord and Tenant Act 1987 (LTA 1987) applies ie the premises let are residential and two or more tenants are required by...
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Produced in partnership with Helen Galley of XXIV Old Buildings 15th Apr
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 15th Apr
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 15th Apr
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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9th Apr
Precedents
[Name of creditor’s solicitors firm][Address line 1][Address line 2][Postcode][Date][Ref: [insert reference]]Dear [insert name][Creditor’s name] AND...
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9th Apr
Practice notes
When do the consultation requirements apply?A landlord must consult with its tenants before:•undertaking qualifying works (defined in section 20ZA of...
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8th Apr
Practice notes
EnglandThe Approval of Code of Management Practice (Residential Management) (Service Charges) (England) Order 2016, SI 2016/518 approves the Service...
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8th Apr
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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1st Apr
Practice notes
This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further...
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12th Mar
Precedents
Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
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4th Mar
Q&As
The Pre-Action Protocol for Debt Claims (in force since 1 October 2017) applies where a business (including a sole trader or public body) is claiming...
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16th Feb
Precedents
TO: [insert full name of tenant] of [insert address] (the ‘Tenant’) [and [insert full name of recognised tenant’s association] of [insert address]...
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12th Feb
Precedents
1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...
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12th Feb

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