Residential Service Charges Update
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  UKUT 322
2) Were the amounts charged to the landlord reasonable - COS Services Ltd v Nicholson  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  UKUT 277 (LC)
· Service charge demands
o London Borough of Southwark v Akhtar 
o Westmark (Lettings) Ltd v Peddle & Ors  UKUT 449 (LC).
· Recovery of legal costs
o Bretby Hall Management Company Limited v Pratt  UKUT 0070 (LC)
o Primeview Developments Ltd v Ahmed & Ors  UKUT 57 (LC).
· When must a landlord re-tender following a change in relevant works?
o Reedbase Ltd & Anor v Fattal & Ors  EWCA Civ 840
o Sheffield City Council v Oliver  EWCA Civ 225
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