header-logo header-logo

Are you being served?

14 November 2019 / Alec Samuels
Issue: 7864 / Categories: Features , Profession , Property
printer mail-detail
Alec Samuels discusses challenging service charges
  • Metropolitan Property Realisations v John Keith Moss: applying principles of common sense to service charge disputes.

High street solicitors who do any property work constantly get queries from clients about service charges for leaseholds, while there is quite a substantial cadre of solicitor and barrister lawyers doing these cases in the Property Tribunal. A landmark decision has been made in Metropolitan Property Realisations v John Keith Moss, CHI/29 UN/LIS/2018/0039, 7 June 2019: it neatly sets out all the normal questions and how the tribunal is approaching them, and forms the basis of this summary.

Limitation of service charges: reasonableness

(1) Relevant costs shall be taken into account in determining the account of a service charge payable for a period:

(a) only to the extent that they are reasonably incurred; and

(b) 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, and the amount payable

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: Ben Daniels, DAC Beachcroft

NLJ Career Profile: Ben Daniels, DAC Beachcroft

Ben Daniels, newly elected as the next senior partner of DAC Beachcroft, reflects on his leadership inspiration and considers an impish alternative career

Osbornes Law—Lee Henderson

Osbornes Law—Lee Henderson

Family team bolstered by latest partner hire

Freeths—Graeme Danby & John Jeffreys

Freeths—Graeme Danby & John Jeffreys

Firms strengthens national restructuring and insolvency practice with leadership appointments

NEWS
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
back-to-top-scroll