header-logo header-logo

14 June 2012 / James Naylor
Issue: 7518 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Addressing the situation

James Naylor examines a landmark landlord & tenant decision

Alarms have been sounded after the decision in May of the Upper Tribunal in Beitov Properties Ltd v Elliston Martin [2012] UKUT 133 (LC), which potentially renders a large proportion of service charge demands invalid, due to a straightforward mis-construction of s 47(1) of the Landlord and Tenant Act 1987

Statutory wording
Section 47(1) reads as follows: “(1) Where any written demand is given to a tenant of premises to which this part applies, the demand must contain the following information, namely (a) the name and address of the landlord, and (b) if that address is not in England and Wales, an address in England and Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant.”
 
Section 47(4) provides that “demand” means a demand for rent or other sums payable to the landlord under the terms of the tenancy (including, therefore, a service charge). Section 47(2) states that where any demand for a service charge
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll