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14 November 2019 / Alec Samuels
Issue: 7864 / Categories: Features , Profession , Property
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Are you being served?

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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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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