Residential service charge disputes

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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 Residential service charge disputes content

Q&As
It has been assumed that the freeholder is the tenant’s direct landlord and that the tenancy is not a type that falls outside the scope of the...
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Produced in partnership with Kate Andrews of Hamlins 22nd Jan
Q&As
Part 1 of the Tribunals, Courts and Enforcement Act 2007 established a new tribunal structure comprising a First-tier Tribunal and an Upper Tribunal....
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22nd Jan
Q&As
Service chargesUnder section 21B of the Landlord and Tenant Act 1985 (LTA 1985), a demand for the payment of a service charge must be accompanied by a...
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22nd 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
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
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
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
Q&As
The management company may in fact be the freeholder or head lessee. This is often the case where there has been collective enfranchisement or in new...
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Produced in partnership with Helen Galley of XXIV Old Buildings 8th Jan
Q&As
Section 20 of the Landlord and Tenant Act 1985 (LTA 1985) (as amended by the Commonhold and Leasehold Reform Act 2002 (CLRA 2002)) is designed to...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

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