This section of our Case Law Library looks at cases related to: The circumstances under which a Landlord may recharge electric, gas and water costs as s Service Charge Whether the amount of a Service Charge for costs related to the provision of electric, gas and water is reasonable Reasonableness of the amount charged: Wallace-Jarvis… Read More »
This section of our Case Law Library looks at cases related to: Meaning of the term ‘historic neglect’ Assessing whether historic neglect has occurred Definition of Historic Neglect: Daejan Properties Limited v Griffin & Anor [UKUT] 206 (LC) Decision of the Upper Chamber of the Lands Tribunal in relation to a claim by Leaseholders that… Read More »
This section of our Case Law Library looks at cases related to: Whether a Service Charge is Variable or Fixed Whether a demand for payment is an Administration Charge, Service Charge or something else Is the Service Charge variable?: Coventry City Council v Cole and another [1994] 1 WLR 398 Decision by the Court of… Read More »
This section of our Case Law Library looks at cases related to: The circumstances under which a Landlord may collect contributions to a reserve or sinking fund. The administration and use of reserve or sinking funds. Entitlement to Collect Contributions: Leicester City Council v Masters – LRX/175/2007 In this case the Lands Tribunal decided that… Read More »
This section of our Case Law Library looks at cases related to: The legal rights of Leaseholders to view documentation relating to their Service Charge liabilities Enforcement of legal rights to view documentation Enforcement of Penalties under Section 25 of the Landlord and Tenant Act 1985: Morshead Mansions Limited v Di Marco [2014] EWCA Civ… Read More »
This section of our Case Law Library looks at cases related to: Reasonableness of a Major Works Service Charge Classification of works as ‘repairs’ or ‘improvements Liability under the terms of a Lease Are the works Improvements or Repairs?: Wandsworth LBC v Griffin [2000] 2 EGLR 105 This case established some important guiding principles in… Read More »
This section of our Case Law Library looks at cases related to: A Leaseholder’s liability to pay Administration Charges under the terms of their Lease The definition of an Administration Charge The reasonableness of an Administration Charge Right to challenge a proposed Administration Charge: Drewett v Bold & Sossi LRX/90/2005 In this case the Lands… Read More »
This section of our Case Law Library looks at cases related to: Whether a Landlord is entitled to recharge their Legal Costs to a Leaseholder Whether Legal Costs are a Service Charge or Administrative cost or both Whether Legal Costs are reasonable and whether Leaseholder are entitled to a reduction if they are not Entitlement… Read More »
This section of our Case Law Library looks at cases related to: The circumstances under which a Tribunal or Court may order that the terms of a lease be varied. The effect that the variation of a Lease has on Service Charge liabilities, past or present Applications to Rectify an Alleged Error in a Lease:… Read More »
This section of our Case Law Library looks at cases related to: Requirements and restrictions in respect of the Apportionment of Service Charges A Leaseholder’s right to challenge the way their Service Charge is Apportioned Right to Challenge the Apportionment Method: Windermere Marina Village v Wild [2014] UKUT 163 (LC) Decision by the Lands Tribunal… Read More »