Service Charges & Management 4th Edition

3rd July 2018

General Editor: Mark Loveday BA (Hons) FCIArb

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 Fourth 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
  • 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 Fourth Edition?

The book covers over 120 appeal decisions relating to service charges and management given since the previous edition, including:

  • Arnold v Britton [2015] UKSC 36; [2015] A.C. 1619
  • Waller v Hounslow [2017] EWCA Civ 45
  • Phillips v Francis [2014] EWCA Civ 1395; [2015] 1 W.L.R. 741
  • Triplerose v 90 Broomfield Rd RTM [2015]
  • Chaplair v Kumari [2015] EWCA Civ 798; [2016] L. & T.R. 1

In addition, the book covers other key recent developments, including:

  • The Third Edition of the Residential Service Charge Management Code published by the RICS in May 2016.
  • The Third Edition of the RICS Commercial Service Charge Code published in January 2014.
  • The introduction of the Flexible Judicial Deployment ‘pilot’ for hearing leasehold management cases by First-tier Tribunals.
  • Housing White Paper 2017.
Expertise: Landlord & Tenant


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