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
Sections 18–30 of the Landlord and Tenant Act 1985 (LTA 1985) contain the well known legislative scheme for the regulation of service charges charged...
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Produced in partnership with Desmond Kilcoyne 8th Jan
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 8th Jan
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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18th Dec
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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17th Dec
Q&As
A service charge is a sum of money due to a landlord from a tenant for services, repairs, maintenance and other such items. Liability to pay a service...
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29th Nov
Q&As
We refer you to Practice Note: Residential—statutory limitations on recovery of service charges and administration charges. This states:'Requirement...
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29th Nov
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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29th Nov
Precedents
Under section 20 of the Landlord and Tenant Act 1985 (the LTA 1985)TO: [insert full name of tenant] of [insert address] (the ‘Tenant’) [and [[insert...
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29th Nov
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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29th Nov

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