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Commercial and Residential Service Charges

By: Adam Rosenthal, Elizabeth Fitzgerald, Oliver Radley-Gardner, Nathanial Duckworth, Philip Sissons
Media of Commercial and Residential Service Charges
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Published: 31-05-2013
Format: Hardback
Edition: 1st
Extent: 652
ISBN: 9781847669858
Imprint: Bloomsbury Professional
Dimensions: 248 x 156 mm
RRP: £160.00
 

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About Commercial and Residential Service Charges

Commercial and Residential Service Charges is a new title covering this complex area of law for both residential and commercial property. This new title looks at the issues practitioners face when advising clients on service charge disputes including accountability for service charges, budgetary control and certification of actual costs incurred.

Commercial and Residential Service Charges covers the following:

History and Overview: What is a service charge; Leasehold and freehold charges (estate rent charges); Historical statutory background; General approach to construction; Codes of practice;

Items for which charges can be made: Repairs, maintenance etc; Insurance; Managing agents; Staff; Legal fees; Reserve funds; Borrowing costs; Sweep up clauses; Marketing costs;

Service charge Machinery: Interim and balancing payments (estimates); Conditions precedent (certifications and accounts); Conclusiveness of certificates; Reserve and sinking funds; Trusts; Proportions; Index-linked charges;

Statutory Regulation: Residential Legislation (1985 Act, 2002 Act); General Legislation (UCTA and Consumer Regulations); Public Sector;

Remedies: Forfeiture; Recovery of overpayment by tenants; Set off; Determinations by LVT: s.27A of the Landlord and Tenant Act 1985.

Table Of Contents

PART I: INTRODUCTION:
Chapter 1 Introduction;
Chapter 2 The construction of service charge provisions;
PART II: SERVICES:
Chapter 3 The Services: Overview;
Chapter 4 Maintenance and repairs;
Chapter 5 Heating and lighting;
Chapter 6 Cleaning and refuse collection;
Chapter 7 Compliance with legislation;
Chapter 8 The costs of management and managing agents;
Chapter 9 Employment of caretakers/other staff;
Chapter 10 Insurance;
Chapter 11 Legal costs;
Chapter 12 The cost of borrowing;
Chapter 13 Marketing and promotion costs;
PART III: SERVICE CHARGE MACHINERY:
Chapter 14 Overview of machinery;
Chapter 15 Types of management structure;
Chapter 16 Common service structures;
Chapter 17 Certification;
Chapter 18 Consultation, estimation, information and consent requirements;
Chapter 19 Accounts;
Chapter 20 Demands;
Chapter 21 Apportionment;
Chapter 22 Sinking funds and reserve funds;
Chapter 23 Problematic machinery;
Chapter 24 Variation of service charge schemes;
Chapter 25 Effect of destruction of premises;
Chapter 26 Enforcement of service charges between freeholders;
PART IV: STATUTORY REGULATION OF SERVICE CHARGES:
Chapter 27 Introduction;
Chapter 28 Application of the statutory regulations;
Chapter 29 Substantive limitations on residential service charges;
Chapter 30 Consultation requirements;
Chapter 31 Time limits for demands: Section 20B;
Chapter 32 Rights to information about the landlord;
Chapter 33 Rights to information about the service charges;
Chapter 34 Recognised tenants' associations;
Chapter 35 Right to a management audit;
Chapter 36 Statutory trust of service charge funds;
Chapter 37 Unfair terms in Consumer Contract Regulations 1999;
Chapter 38 Public sector tenants: Right to buy leases;
PART V: REMEDIES:
Chapter 39 Introduction;
Chapter 40 Landlord's remedies: Debt claim against an existing or former tenant;
Chapter 41 Landlord's remedies: Debt claim against a guarantor or a party who has entered into an authorised guarantee agreement;
Chapter 42 Applications to the LVT: Section 27A of the Landlord and Tenant Act 1985 (residential leases only);
Chapter 43 Landlord's remedies: Distress;
Chapter 44 Landlord's remedies: Service of notice under section 6 of the Law of Distress Amendment Act 1908;
Chapter 45 Landlord's remedies: Forfeiture;
Chapter 46 Miscellaneous landlord's remedies;
Chapter 47 Tenants' remedies and defences.

Reviews

“This text constitutes an invaluable tool for the property practitioner and, conceivably, the diligent law student or legal researcher interested in the precise machinery of service charges, their many incarnations and the associated legal wranglings that stem from their practical operation...Meticulous and systematic in its coverage...a "go-to" tool for elucidation on a particular point of law or procedure...Property lawyers can rest a little easier knowing that they have such a text in their office or chambers' library.” –  Chris Bevan, Conveyancer and Property Lawyer [2013] Conv. 352

“a worthwhile addition to the landlord and tenant practitioner's library...as up-to-the-minute as a hardback can be...Although written by lawyers, the style is as accessible as it is reasonable to expect a book on a complex legal topic to be, and should be of benefit to surveyors and property managers as well as to lawyers. Review finished, the book will be added to this reviewer's library, and will no doubt soon attract the usual plumage of sticky notes and coloured tabs sported by all the most highly regarded textbooks.” –  Andrew Hindle, L. & T. Review 2013, 17(6), 233-234

“There are other textbooks that cover the same subject matter; indeed there are others that are equally comprehensive. But there are none written with the clarity and authority of this 600-page weighty tome from Bloomsbury Professional…Armed with a copy of Commercial and Residential Service Charges the diligent practitioner will be better placed to put the ignorant, the crafty or the mystifying litigant in his place.” –  Jon Holbrook, Housing and Property Law Review

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