Residential service charge disputes

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Q&As
In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
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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19th May
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Q&As
This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes
This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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19th May
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
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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19th May
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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19th May
Q&As
Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As
Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Most recent Residential service charge disputes content

Practice notes
Residential—statutory limitations on recovery of service charges and administration chargesStatute limits the amount that may be recovered from...
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23rd Sep
Practice notes
Residential service charges—disputes and proceduresThis Practice Note explains the procedure for handling some of the most common residential service...
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Produced in partnership with Victoria Jones of Freeths 22nd Sep
Precedents
Particulars of claim—contractual debt claimClaim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...
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15th Sep
Practice notes
The Heat Network Metering and Billing Regulations—heat supplier and landlord obligationsThe Heat Network (Metering and Billing) Regulations 2014, SI...
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Produced in partnership with Tom Bainbridge of Lux Nova Partners 22nd Aug
Practice notes
Quick guide to where to issue common property dispute applicationsCoronavirus (COVID-19): During the current pandemic, legislation and changes to...
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18th Aug
Precedents
Letter of claim—contractual debt claim—in compliance with the Pre-Action Protocol for Debt Claims[On the headed notepaper of the creditor’s...
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18th Aug
Precedents
Notice of reasons for awarding a contract or making a long-term qualifying agreement under section 20 of the Landlord and Tenant Act 1985TO: [insert...
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10th Aug
Precedents
Service charges—summary of tenants’ rights and obligations1This summary, which briefly sets out your rights and obligations in relation to variable...
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10th Aug
Precedents
Notice of intention under section 20 of the Landlord and Tenant Act 1985Under section 20 of the Landlord and Tenant Act 1985 (the LTA 1985)TO: [insert...
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10th Aug
Precedents
Statement of Estimates or Proposals under section 20 of the Landlord and Tenant Act 1985TO: [insert full name of tenant] of [insert address] (the...
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10th Aug
Q&As
Can arrears of service charge (if properly incurred) be recovered throughout the term of a lease, or is this subject to a limitation period?Many...
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10th Aug
Q&As
Where pursuant to the terms of a residential lease service charge is recoverable as ground rent in arrears, can a freeholder recover sums dating back...
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Produced in partnership with Kate Andrews of Hamlins 10th Aug
Q&As
Following a section 20 consultation for major works, what options does a landlord have to demand/recover funds? Is the landlord required to follow the...
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10th Aug
Q&As
Can the leaseholder of a residential block with long leases who has incurred legal fees demand these as administration charges from tenants or can...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug

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