A Practical Guide to Residential Service Charges - Second Edition

Disputes over residential service charges are increasing in number each year. Despite being heavily regulated by statute, the inherent conflict between the interests of landlords and tenants has led it to be a heavily litigated area. This book provides an introduction to residential service charges with an overview of the matters that need to be considered when dealing with service charge disputes. It also provides insight into what should be included within a service charge clause both to ensure recovery of sums due and avoid disputes. It seeks to serve as a useful initial reference guide for surveyors and solicitors alike and encompasses an overview of the relevant residential statutory controls and case law.CONTENTSPart 1 - General Principles Applicable to Service Charges1 - The Construction of the Service Charge Clause2 - Complying With the Mechanics of a Service Charge Clause3 - General Factors to Consider in Determining Whether the Service Charges Claimed Are Payable Under the LeasePart 2 - Statutory Regulations for Residential Service Charges4 - Section 20 Consultations: Purpose and Application5 - Section 20 Consultations: The Procedure6 - Section 20 Consultations: Dispensation and Non-Compliance7 - Reasonableness8 - Service Charge Demands9 - The Right to Request Information Relating to Service Charges10 - Other Statutory Restrictions in Respect of Residential Service ChargesPart 3 - Disputes and Remedies11 - Alternative Dispute Resolution12 - Applying to Vary the Lease13 - Applications for Determination as to Whether Service Charges Are Payable14 - Tenants Remedies for Non-Performance of the Landlord’s Obligations15 - Landlord’s Remedies for Non-Payment of Service Charges16 - Legal Costs17 - Possible Forthcoming Changes to the Legislation