Service Charges & Management 3rd Edition published
19th December 2013
The book has been written by a team of barristers in chambers and provides comprehensive coverage of the law relating to service charges and the management of commercial, residential and mixed-use developments, with commentary on leasehold and commonhold property. The book also identifies the types of disputes which occur most frequently and provides detailed advice on how to deal with them and avoid them.
Written for use by solicitors, counsel, surveyors, managers, landlords and tenants, the Third Edition:
- Has been rewritten in four sections, covering: (1) Lease terms; (2) Statutory Regulation and Codes of Practice; (3) Remedies and Procedure; and (4) Management
- Provides practical advice on the best course of action to take and the best remedies available for clients, be they a landlord or a tenant
- Gives invaluable guidance on practice and procedure in both non-contentious practice and in contentious practice before courts and tribunals
- Covers many management issues, including the appointment of manager, acquisition orders and the acquisition and exercise of the right to manage
- Considers the point of view of both the landlord and the tenant, including a detailed examination of commonly found contractual obligations, statutory obligations, law and procedure in the courts, the First-tier Tribunal (Property Chamber) in England and the Leasehold Valuation Tribunal in Wales
- Considers the use of all forms of ADR in service charge disputes, including negotiation, mediation and arbitration
- Includes extensive appendices which contain the essential statutory materials and regulations, making the book ideal for use before the courts and tribunals for disputes arising out of service charge and management issues
- Contains commentary on the RICS Service Charge Residential Management Code, 2nd ed, 2009 and the Service Charges in Commercial Property: RICS Code of Practice, 2nd ed, 2011
- Provides relevant forms and precedents in the appendices, allowing practitioners quickly to draft and customise documents on behalf of their clients
What’s new in the Third Edition?
Since the last edition was published, there has been a wealth of appeal decisions relating to service charges and management.
Upper Tribunal decisions include:
- Warwickshire Hamlets Ltd v Gedden and Ors  UKUT 75 (LC)
- Brennan v St Paul’s Court Ltd  UKUT 403 (LC)
- Holding & Management (Solitaire) Ltd v Sherwin  UKUT 412 (LC)
- Wilson v Lesley Place (RTM) Company Ltd  L&TR 11
- LB Southwark v Leaseholders of the LB Southwark  UKUT 438 (LC)Assethold Limited v 14 Stansfield Road RTM Company Ltd  UKUT 262 (LC)
- Holding & Management (Solitaire) Ltd v Norton & Others  L&TR 15
- Bradmoss Ltd v Stubbs  UKUT 3 (LC)
- Freehold Managers (Nominees) Ltd v Piatti  UKUT 241
- Crosspite Limited v Sachdev  1 EGLR 31
- Corscombe Close Block 8 RTM Company Ltd v Rosleb Ltd  UKUT 081 (LC)
High Court decisions include:
- Paddington Basin Developments Ltd v WEQEM Ltd  L&TR 26
- Brent LBC v Shulem B Association Ltd  L&TR 22
- Edwards & Walkden (Norfolk) Ltd v City of London  EWHC 2527 (Ch)
- Arnold v Britton  EWHC 3451 (Ch)
- BDW Trading Ltd v South Anglia Housing Ltd  EWHC 2169 (Ch)
- Phillips v Francis  1 P&CR 16
Court of Appeal decisions include:
- McHale v Cadogan  1 EGLR 51
- Burr v OM Property Management Ltd  HLR 29
- Gala Unity Limited v Ariadne Road RTM Company Limited  L&TR 5
Supreme Court decisions include:
- Daejan Investments Ltd v Benson  UKSC 14,  HLR 21
Other key developments since the last edition include:
- The replacement of the Lands Tribunal by the Upper Tribunal (Lands Chamber) in November 2010 – with consequential new Practice Directions and Rules.
- The replacement of the Leasehold Valuation Tribunal in England by the First-tier Tribunal (Property Chamber) on 1 July 2013 – with consequential new Rules.
- TECH/2011/03 Guidance by Association of Chartered Accountants in England & Wales in form of service charge accounts.
- Updates to RTM requirements including new standard articles of association and new form of application.