Developed with busy
property practitioners in mind, this bite-size session will provide landlord
and tenant lawyers with a round-up of key developments in relation to residential
service charges.
During this session experienced
lecturer Richard Quenby will discuss the reasonableness of service charges which has become something of a
minefield over recent years. In
accordance with LTA 1985, s 18(2) and 18(3), landlords are entitled to recover
relevant costs by way of a service charge, only to the extent that they are
reasonably incurred, and (where they are incurred on the provision of services
or the carrying out of works), only if the services or works are of a
reasonable standard.
As you will be
aware, the question of whether costs have been reasonably incurred involves two
issues which Richard will examine in turn using recent case law
examples:
1) Were the
landlord's actions reasonable - Dehavilland Studios Ltd v Peries & Anor
[2017] UKUT 322
2) Were the amounts
charged to the landlord reasonable - COS Services Ltd v Nicholson [2017] UKUT
382 (LC)
In addition,
Richard will also consider the following topics and corresponding case law:
·
Student
unit not a ‘dwelling’
o
JLK Ltd v Emmanuel Chiedu Ezekwe and others
[2017] UKUT 277 (LC)
·
Service
charge demands
o
London
Borough of Southwark v Akhtar [2017]
o
Westmark
(Lettings) Ltd v Peddle & Ors [2017] UKUT 449 (LC).
·
Recovery
of legal costs
o
Bretby
Hall Management Company Limited v Pratt [2017] UKUT 0070 (LC)
o
Primeview
Developments Ltd v Ahmed & Ors [2017] UKUT 57 (LC).
·
When
must a landlord re-tender following a change in relevant works?
o
Reedbase
Ltd & Anor v Fattal & Ors [2018] EWCA Civ 840
·
Contracting-out
o
Sheffield
City Council v Oliver [2017] EWCA Civ 225