A Practical Guide To Residential Service Charges

Author : Rachel Garton
Publisher : Unknown
Page : 110 pages
File Size : 55,9 Mb
Release : 2021-09-15
Category : Electronic
ISBN : 1913715701

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A Practical Guide to Residential Service Charges by Rachel Garton Pdf

Disputes over residential service charges are increasing in number each year. Despite residential service charges being heavily regulated by statute, the inherent conflict between the interests of landlords and tenants has led it to be a heavily litigated area with recent cases being of concern for both parties. This book aims to provide an introduction to residential service charges with an overview of the matters that need to be considered when dealing with service charge disputes. It also provides insight into what should be included within a service charge clause both to ensure recovery of sums due and avoid disputes. It seeks to serve as a useful initial reference guide for surveyors and solicitors alike and encompasses an overview of the relevant residential statutory controls and case law. ABOUT THE AUTHOR Rachel Garton is a practicing solicitor at Gosschalks LLP, specialising in property dispute resolution. Her work comprises of all areas of property litigation and landlord and tenant matters, including: residential long leasehold, tenants right of first refusal, lease renewal litigation, commercial and residential possession proceedings, arbitrations under the Pubs Code Etc. Regulations 2016 and debt recovery. She has a niche specialism in service charge disputes and has dealt with numerous service charge disputes from commercial and residential clients over the last 12 years as well as delivering a number of seminars on this topic for both the RICS and MBL Seminars. CONTENTS Part One - General Principles Applicable to Service Charges Chapter 1 - The Construction of the Service Charge Clause Chapter 2 - Complying With the Mechanics of a Service Charge Clause Chapter 3 - General Factors to Consider in Determining Whether the Service Charges Claimed Are Payable Under the Lease Part Two - Statutory Regulations for Residential Service Charges Chapter 4 - Section 20 Consultations: Purpose and Application Chapter 5 - Section 20 Consultations: The Procedure Chapter 6 - Section 20 Consultations: Dispensation and Non-Compliance Chapter 7 - Reasonableness Chapter 8 - Service Charge Demands Chapter 9 - The Right to Request Information Relating to Service Charges Chapter 10 - Other Statutory Restrictions in Respect of Residential Service Charges Part Three - Disputes and Remedies Chapter 11 - Alternative Dispute Resolution Chapter 12 - Applying to Vary the Lease Chapter 13 - Applications for Determination as to Whether Service Charges Are Payable Chapter 14 - Tenants Remedies for Non-Performance of the Landlord's Obligations Chapter 15 - Landlord's Remedies for Non-Payment of Service Charges Chapter 16 - Legal Costs Chapter 17 - Possible Forthcoming Changes to the Legislation

Author : Rachel Garton
Publisher : Unknown
Page : 0 pages
File Size : 54,7 Mb
Release : 2023-08-31
Category : Electronic
ISBN : 1914608836

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A Practical Guide to Commercial Property Service Charges by Rachel Garton Pdf

Disputes over commercial service charges are increasing in number each year. The inherent conflict of interest between landlords and tenants has led it to be a heavily litigated area with recent cases being of concern for both parties. This book aims to provide an introduction to commercial service charge with an overview of the matters that need to be considered when dealing with service charge disputes. It provides insight into the application of the Service Charge Code as well as reviewing what should be included within a service charge clause both to ensure recovery of sums due and avoid disputes. It seeks to serve as a useful initial reference guide for surveyors and solicitors alike and encompasses an overview of relevant case law to assist both with drafting service charge clauses and in dealing with disputes. ABOUT THE AUTHOR Rachel Garton is a consultant solicitor for Nexa Law, specialising in property dispute resolution. Her work comprises of all areas of commercial and residential property litigation and landlord and tenant matters, including: tenants right to first refusal, residential leasehold enfranchisement, service charges, lease renewal litigation, commercial and residential possession proceedings and debt recovery. She has a niche specialism in service charge disputes and has dealt with numerous service charge disputes from commercial and residential clients over the last 15 years as well as delivering a number of seminars on this topic for MBL Seminars. CONTENTS Part One - General Principles Applicable to Service Charges Chapter One - the Construction of the Service Charge Clause Chapter Two - Sinking or Reserve Funds Chapter Three - the Court's Interpretation of a Service Charge Clause Chapter Four - Complying With the Mechanics of a Service Charge Clause Chapter Five - Factors Applicable to Both Commercial and Residential Property in Considering if Service Charges Are Payable Part Two - Principles Applicable to Commercial Service Charges Chapter Six - Factors to Consider in Determining Whether Commercial Service Charges Claimed Are Payable Under the Lease Chapter Seven - the Impact of the Service Charge Code: Professional Statement Part Three - Miscellaneous Points to Consider Chapter Eight - Tax and Indexation Chapter Nine - Mixed Use Premises Chapter Ten - Variations to the Lease Terms and Changes in Identity of the Parties Part Four - Disputes and Remedies Chapter Eleven - Alternative Dispute Resolution Chapter Twelve - Application for a Declaration Chapter Thirteen - Tenant's Remedies for Non-Performance of the Landlord's Obligations Chapter Fourteen - Landlord's Remedies for Non-Payment of Service Charges Chapter Fifteen - Legal Costs Chapter Sixteen - Summary

Author : Jane L. Ferguson,Rose H. McConnell
Publisher : CCH Canadian Limited
Page : 346 pages
File Size : 53,8 Mb
Release : 2001
Category : Law
ISBN : 1551411466

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Evictions : a Practical Guide to Residential Evictions in Ontario by Jane L. Ferguson,Rose H. McConnell Pdf

Author : Philip Freedman,Eric Shapiro,Brian Slater
Publisher : Jordans Pub
Page : 405 pages
File Size : 44,5 Mb
Release : 2007
Category : Law
ISBN : 1846610419

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Service Charges by Philip Freedman,Eric Shapiro,Brian Slater Pdf

Service Charges: Law and Practice, now in its fourth edition, is a best-selling guide to the legal framework in which service charges operate, with additional guidance on the management process and related accountancy matters. The concise and easily understood commentary is supported by extracts from the main pieces of legislation in their amended form, as well as specimen service charge clauses, model accounts, notices and certificates making this book an invaluable and immensely practical guide to this difficult subject.

Author : Philip Freedman,Eric Shapiro,Brian Slater
Publisher : Jordan Publishing (GB)
Page : 0 pages
File Size : 42,7 Mb
Release : 2012
Category : Apartment houses
ISBN : 1846612470

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Service Charges by Philip Freedman,Eric Shapiro,Brian Slater Pdf

'Service Charges' is a guide to the legal framework in which service charges operate. It is designed to be used by all those who deal with service charges, either as landlord, tenant, agent or professional advisor.

Author : Gerald Sherriff
Publisher : Pergamon Press
Page : 128 pages
File Size : 51,6 Mb
Release : 1989
Category : Leases
ISBN : 0080369049

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Service Charges in Leases by Gerald Sherriff Pdf

Author : Simon Garner,Alexandra Frith
Publisher : Oxford University Press, USA
Page : 767 pages
File Size : 42,7 Mb
Release : 2010-11-04
Category : Business & Economics
ISBN : 9780199589197

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A Practical Approach to Landlord and Tenant by Simon Garner,Alexandra Frith Pdf

Now in its sixth edition, A Practical Approach to Landlord and Tenant continues to provide a comprehensive and systematic guide to the principles and practice of landlord and tenant law. Containing coverage of up to date cases, as well as key documents, this book provides a valuable introduction for students and professionals alike.

Author : Michael Young
Publisher : CRC Press
Page : 56 pages
File Size : 51,5 Mb
Release : 2017-12-22
Category : Law
ISBN : 9781135320812

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Service Charges in Commercial Properties by Michael Young Pdf

First Published in 1990. Routledge is an imprint of Taylor & Francis, an informa company.

Author : CA Madhukar Hiregange,CA Sudhir V S,CA Roopa Nayak,CA Virender Chauhan
Publisher : Bloomsbury Publishing
Page : 1135 pages
File Size : 42,9 Mb
Release : 2021-06-10
Category : Business & Economics
ISBN : 9789390252114

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Practical Guide to GST on Real Estate Industry by CA Madhukar Hiregange,CA Sudhir V S,CA Roopa Nayak,CA Virender Chauhan Pdf

About the book The purpose of this book is to enable the taxable person to understand the applicability and impact of GST provisions with respect to the Real Estate Industry. The comprehensive and in-depth practical knowledge of the four authors would help in implementation of the provisions in an easy manner. This book is divided into eight parts as follows: Part 1 - Introduction and Overview Part 2 - GST impact analysis on real estate developers: Complex Developers, Joint development, contractors and other income. Part 3 - Detailed operational law containing classification, registration, tax credits, documentation, payments etc. Part 4 - Detailed procedural law containing assessment, audit, advance ruling, appeals, penalties, demands etc. Part 5 - Tax planning avenues, GST and RERA, Transitional provisions Part 6 - Disputes and department actions, [focussing on possible dispute area & resolution]. Part 7 - Role of Professionals from GST audit and tax planning perspective. Part 8 - Miscellaneous: 220+ FAQs and filled forms. Appendices containing FAQs released by CBIC and Important Notifications. Key Features Detailed and practical analysis of the GST provisions with case laws pertaining to the real estate industry. Covering all possible dispute areas along with their resolutions. Detailed analysis of the tax planning aspect. Covering extensive FAQs for removal of doubts. Blank as well as filled forms for better understanding. Detailed discussion on the role of professionals on how they can help in various GST matters. Visit http://bit.ly/GSTrealestate for Free online updates and important information.

Author : Clifford Chance,Vicky Rubin
Publisher : Taylor & Francis
Page : 298 pages
File Size : 49,8 Mb
Release : 2005-07-27
Category : Architecture
ISBN : 9781135817619

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The Business Occupier's Handbook by Clifford Chance,Vicky Rubin Pdf

Whatever your type of business, this practical handbook will help you to manage your premises effectively. Whether you are a tenant or an owner-occupier, it will enable you to take an informed approach to commercial property, helping you to negotiate successful transactions, deal with ongoing management issues effectively and get the most from advisers and agents. The handbook takes a practical approach using worked examples and checklists. It provides a step-by-step guide to all the stages of occupation with comprehensive coverage of all the relevant legal and technical information, including: * strategic property management * financial analysis and decision making * negotiating strategy * valuaton * accounting * tax and business rates * acquisitions * purchase and lease terms * rent reviews * service charges * insurance * repairs alterations and use * planning and environmental issues * disposal of surplus space * lease expiries and renewals * compulsory purchase.

Author : V. Charles Ward
Publisher : Taylor & Francis
Page : 126 pages
File Size : 43,5 Mb
Release : 2022-09-21
Category : Law
ISBN : 9781000653649

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Fire Safety Law by V. Charles Ward Pdf

Fire Safety Law provides building-owners, managers, individual leaseholders, mortgage-lenders, landlords, and anyone involved in the purchase or sale of a flat situated within a multi-occupied block, with practical, yet comprehensive and well-researched information regarding the subject of fire safety and the associated responsibilities, obligations and rights. V. Charles Ward addresses in practical legal terms the responsibilities on building-owners to ensure that buildings are fire-safe for people who are living, working, or visiting those buildings and explains what protections are available to leaseholders faced with the costs of making their buildings fire-safe. The book begins with a summary of the lessons which have come from the Grenfell Inquiry, before providing a practical overview of current fire-safety legislation relating to residential and commercial buildings. This legislative overview will include not only the 2005 Fire Safety Order, as updated by the 2021 Fire Safety Act and the Fire Safety (England) Regulations 2022, but will also include associated and emerging legislation and official guidance in relation to fire safety, including gas and electrical safety regulation, as well as the Building Safety Act 2022. The book will then pull apart a typical long-residential lease within a high-rise block to identify who is directly responsible for fire safety and explain how the costs of making good the fire-risk from defective cladding might be shared out between the ground-landlord and individual residential leaseholders. Having assessed the legal situation as regards existing high-rise leaseholders, the book then addresses the additional ‘due diligence’ required by prospective purchasers of individual high-rise flats, as well as estate agents, mortgage lenders, landlords and conveyancing lawyers, to ensure that what they will be buying or lending money on is ‘fire-safe’ and that any associated costs are fully accounted for.

Author : Alastair McKenzie
Publisher : CCH New Zealand Limited
Page : 489 pages
File Size : 46,9 Mb
Release : 2013-07-01
Category : Business & Economics
ISBN : 9780864759092

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GST: A Practical Guide (edition 9) by Alastair McKenzie Pdf

Alastair McKenzie’s GST — A Practical Guide is widely considered to be the authoritative New Zealand text on goods and services tax. In addition to covering the broad framework and operation of GST in New Zealand, the book provides in-depth coverage of special problem areas and contentious issues regarding the application of the Goods and Services Tax Act 1985. The ninth edition has been comprehensively updated to incorporate the new legislative regimes for input tax, apportionment of input tax, adjustments and the zero-rating of land transactions which came into force in 2011. It also encompasses other legislative developments, case law and IRD rulings and statements that have been released since the publication of the eighth edition in 2008.

Author : Anonim
Publisher : Unknown
Page : 44 pages
File Size : 55,7 Mb
Release : 1996
Category : Landlord and tenant
ISBN : UOM:39015074582886

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A Practical Guide for Tenants and Landlords by Anonim Pdf

Author : Waqar Hasan
Publisher : Waqar Hasan
Page : 120 pages
File Size : 42,5 Mb
Release : 2024-06-25
Category : Self-Help
ISBN : 8210379456XXX

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A practical guide to Community Management in Dubai by Waqar Hasan Pdf

Waqar has spent his whole career working in the Community Management profession. Mostly self-taught, he has established and developed his business and trained his staff directly. The inspiration for this book comes from his desire to extend the dissemination of his knowledge further afield. With the recent introduction of a brand new and bespoke Jointly Owned Property (JOP) law in Dubai, the timing of the book seems perfect. The new law sets a milestone in the development of the Real Estate market in Dubai. It was needed to address specifically the diversity of the communities which have been developed in the region and to establish a framework to regulate their operations more effectively with less red tape. Many of the Community Management professionals who have learned the previous methods of Owners Association are now faced with the daunting task of unlearning the past and facing the future of JOP management. This book neatly and precisely sets out the key principles of JOP management. It does not pretend to be a reference document but does cover all the salient information that anyone seeking to work in the industry needs to know. It is an absolute must-read for anyone joining the family of Facilities Management (FM) and JOP service providers in the rapidly expanding domain of community managers, all of which are key parts in the success story of Dubai. Scott Sinclair BEng

Author : Chris Edwards,Paul Krendel
Publisher : Taylor & Francis
Page : 187 pages
File Size : 44,8 Mb
Release : 2018-12-07
Category : Law
ISBN : 9781135332228

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Institutional Leases in the 21st Century by Chris Edwards,Paul Krendel Pdf

Since the 1980s the "institutional" lease has undergone a dramatic transformation. Landlord-orientated FRI leases for a term of twenty-five years with no breaks and upwards-only rent reviews have retreated before market demands for shorter, more flexible letting arrangements and, recently, in the face of threatened legislation. Nevertheless, valuers and lawyers will have to understand and deal with the 1980s leases until well into the second decade of the twnety-first century. The book sets out to explain the main changes that have occurred since the early 1990s (such as the rules relating to privity of contract). It also provides guidance on the factors driving further change, including the Code of Practice for Commercial Leases and the proposed new accounting standards.