header-logo header-logo

18 September 2015 / Alexander Bastin
Issue: 7668 / Categories: Features , Property
printer mail-detail

Charging ahead

nlj_7668_bastin

Alexander Bastin provides advice on how to avoid the service charge minefield

Whether rightly or wrongly, it is a common perception among property litigators that every block of flats in the country contains at least one refusenik whose sole purpose in life is to avoid paying their service charges and, generally, interfere in the management of the block. This combined with the ever-increasing complexity of service-charge related legislation and the, usually, costs-free First-tier Tribunal regime (always check the lease for a contractual costs clause) makes block management something of a minefield. Recently it has become ever easier for those responsible for managing a block to err inadvertently and find that expenditure (and money spent trying to recover expenditure) is irrecoverable.

Lessee management

At the same time, it is increasingly common to find lessees managing their block themselves (hopefully through a managing agent) whether by virtue of having the right to manage, collective enfranchisement or the freeholder / developer setting up a lessee-owned company to own and / or undertake the administration and management of

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

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
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
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll