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14 June 2012 / James Naylor
Issue: 7518 / Categories: Features , Landlord&tenant , Property
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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
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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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