Tag: Service Charge
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Leasehold service charges under attack at Westminster
A heated debate has recently taken place at Westminster Hall where it was argued that the current leasehold system favors property management companies. Jim Fitzpatrick MP has opened fire on “rip-offs” faced by leaseholders in a call for reform of unfair charges and a confusing legal system. Mr Fitzpatrick said: “Urgent action is needed to…
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Leasehold conveyancing – When are service charge costs incurred?
Earlier this month Court of Appeal handed down its judgment in OM Property Management Limited v Burr ([2013] EWCA Civ 479) on an appeal from a decision of the Upper Tribunal (Lands Chamber) dated 26th January 2012. At the heart of the appeal was the consideration as at what point in time service charge costs…
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Landlord and Tenant Act 1987 and unfair service charges?
In the recent case of Morgan v Fletcher & others six leasehold owners (the “leaseholders”) in a block containing of eight flats (the “block”) applied to the LVT to vary retrospectively vary their leases. The leaseholders argued that the service charge clauses in the leases were ” not satisfactory” under section 35 of the Landlord…
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Landlord stung by failure to comply with service charge requirements
In Daejan Investments Ltd v Benson and others [2009] UKUT 233 (LC), the Freeholder/landlord who owned a block of shops and flats gave notice to the leaseholders of the flats that it intended to carry out major works amounting to £270,000. The landlord failed to comply with the statutory service charge consultation requirements leading to…