Tag Archives: service charge

OM Property Management Ltd v Burr: Liability has to crystallise before it becomes a cost

Regular readers of my blog will recall that I wrote an article last year on the Upper Tribunal case of OM Property Management Ltd v Burr which gave guidance upon what is known as the 18 month service charge rule … Continue reading

Posted in Leasehold Opinion, News | Tagged , , , , , , , | 4 Comments

Daejan Investments Ltd -v- Benson: The landlord prevails…..

The Supreme Court has handed down judgment in the long awaited Daejan Investments Ltd v Benson and others section 20 dispensation appeal and found in favour of the landlord by a majority of 3 to 2.   The case was typical … Continue reading

Posted in News | Tagged , , , , , , , , , , , | 1 Comment

Section 20: Project by Project or Year by Year?

While most of us were preparing for Christmas dinner, the Chancellor of the High Court was handing down judgment in the case of Phillips and Goddard v Francis and Francis, a decision that has caused quite a stir in the … Continue reading

Posted in Leasehold Opinion, News | Tagged , , , , , , , , , , | 2 Comments

Daejan Invetsments Ltd v Benson and others hearing moves closer

It is now only 3 weeks until the Supreme Court hears the final appeal in the long running Daejan v Benson litigation which should provide some more certainty over the circumstances in which a landlord will be given dispensation to … Continue reading

Posted in News | Tagged , , , , , , , , , , , | Leave a comment

The 18 Month Rule: When does the clock start running?

The 18 month rule can often be a headache for landlords and managing agents. Equally it is viewed by some residential tenants as a loophole for avoiding payment for services that they have enjoyed the benefit of but would rather not pay for.  … Continue reading

Posted in Leasehold Opinion | Tagged , , , , , , , , , , | Leave a comment

Do I have to pay the landlord’s legal costs?

A vexed question for leaseholders contemplating issuing Leasehold Valuation Tribunal proceedings is whether or not their landlord will be able to charge them for the legal costs it will go on to incur in the proceedings.  Costs provisions in leases are … Continue reading

Posted in Tenant Q & A | Tagged , , , , , , , , , | 1 Comment

Am I liable for service charge arrears which predate my purchase?

As seen on http://www.leaseholdlife.info : This is an age old question that comes up regularly in the months after a leasehold purchase when managing agents/landlord’s chase arrears, complete the annual service charge accounts and issue deficit invoices. Helpfully, like many legal … Continue reading

Posted in Ask me a question?, Leasehold Opinion, Tenant Q & A | Tagged , , , , , , , | Leave a comment