A Practical Guide to Residential Service Charges

Disputes over residential service charges are increasing in number each year. Despite residential service charges being heavily regulated by statute, the inherent conflict between the interests of landlords and tenants has led it to be a heavily litigated area with recent cases being of concern for both parties. This book aims to provide an introduction to residential service charges with an overview of the matters that need to be considered when dealing with service charge disputes. It also provides insight into what should be included within a service charge clause both to ensure recovery of sums due and avoid disputes. It seeks to serve as a useful initial reference guide for surveyors and solicitors alike and encompasses an overview of the relevant residential statutory controls and case law. ABOUT THE AUTHOR Rachel Garton is a practicing solicitor at Gosschalks LLP, specialising in property dispute resolution. Her work comprises of all areas of property litigation and landlord and tenant matters, including: residential long leasehold, tenants right of first refusal, lease renewal litigation, commercial and residential possession proceedings, arbitrations under the Pubs Code Etc. Regulations 2016 and debt recovery. She has a niche specialism in service charge disputes and has dealt with numerous service charge disputes from commercial and residential clients over the last 12 years as well as delivering a number of seminars on this topic for both the RICS and MBL Seminars. CONTENTS Part One – General Principles Applicable to Service Charges Chapter 1 – The Construction of the Service Charge Clause Chapter 2 – Complying With the Mechanics of a Service Charge Clause Chapter 3 – General Factors to Consider in Determining Whether the Service Charges Claimed Are Payable Under the Lease Part Two – Statutory Regulations for Residential Service Charges Chapter 4 – Section 20 Consultations: Purpose and Application Chapter 5 – Section 20 Consultations: The Procedure Chapter 6 – Section 20 Consultations: Dispensation and Non-Compliance Chapter 7 – Reasonableness Chapter 8 – Service Charge Demands Chapter 9 – The Right to Request Information Relating to Service Charges Chapter 10 – Other Statutory Restrictions in Respect of Residential Service Charges Part Three – Disputes and Remedies Chapter 11 – Alternative Dispute Resolution Chapter 12 – Applying to Vary the Lease Chapter 13 – Applications for Determination as to Whether Service Charges Are Payable Chapter 14 – Tenants Remedies for Non-Performance of the Landlord’s Obligations Chapter 15 – Landlord’s Remedies for Non-Payment of Service Charges Chapter 16 – Legal Costs Chapter 17 – Possible Forthcoming Changes to the Legislation