Service Charges In Leases

Author : Rachel Garton
Publisher : Unknown
Page : 0 pages
File Size : 53,9 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 : Philip Freedman,Eric Shapiro,Brian Slater
Publisher : Jordan Publishing (GB)
Page : 0 pages
File Size : 48,6 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 : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 50,8 Mb
Release : 2006
Category : Industrial buildings
ISBN : OCLC:1392117180

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Service Charges in Commercial Property by Anonim Pdf

Author : Denis J. Garrity
Publisher : Edinburgh University Press
Page : 152 pages
File Size : 41,5 Mb
Release : 2019-12-05
Category : LAW
ISBN : 9781474475440

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Dilapidations and Service Charge by Denis J. Garrity Pdf

This clear and practical book gives a thorough exposition of the law governing dilapidations in Scotland. It covers the underlying common law; interpretation of the lease; remedies for breach of repairing obligation; common parts and service charge; and dispute resolution.

Author : Anonim
Publisher : Taylor & Francis
Page : 52 pages
File Size : 40,5 Mb
Release : 2024-06-28
Category : Electronic
ISBN : 0728205335

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Estates Gazette Law Reports by Anonim Pdf

Estates Gazette Law Reports is a specialist land law/property law case series dating back to 1975.

Author : Lorna Richardson,Craig Evan Anderson
Publisher : Bloomsbury Publishing
Page : 733 pages
File Size : 44,9 Mb
Release : 2021-02-18
Category : Law
ISBN : 9781526513939

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McAllister's Scottish Law of Leases by Lorna Richardson,Craig Evan Anderson Pdf

Covering residential, commercial and agricultural leases the fifth edition provides guidance on a wide range of topics including local authority tenancies, crofts, the Agricultural Holdings Acts and valuations of market rent. The fifth edition: - Takes full account of recent legislative changes including the Private Housing (Tenancies) (Scotland) Act 2016 and the Land and Buildings Transaction Tax (Scotland) Act 2013. - Details relevant new case law and the many changes in residential leases including legislation to abolish sales of public sector housing (the 'Right to Buy' scheme) and the introduction of the new 'private residential tenancy' covering renting rights. - Covers the Scottish Law Commission's review of commercial leases regarding how leases are terminated. - Covers the new Modern Limited Duration Tenancy for agricultural tenants, introduced by the Land Reform (Scotland) Act 2016.

Author : Michael Young
Publisher : CRC Press
Page : 56 pages
File Size : 51,6 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 : Rachel Garton
Publisher : Unknown
Page : 110 pages
File Size : 55,7 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 : Michael Young
Publisher : CRC Press
Page : 74 pages
File Size : 43,8 Mb
Release : 2017-12-22
Category : Law
ISBN : 9781135320744

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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 : Mark A. Senn
Publisher : Wolters Kluwer
Page : 3250 pages
File Size : 46,6 Mb
Release : 2015-12-15
Category : Electronic
ISBN : 9781454862949

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State-by-State Guide to Commercial Real Estate Leases, Sixth Edition by Mark A. Senn Pdf

State-by-State Guide to Commercial Real Estate Leases is the only reference that cuts through the tangle of state laws and gathers togetherand—in one two volume setand—the essential information you need to know. It's all presented in a unique instant-access format that's quick and easy to use. With the new Sixth Edition of State-by-State Guide to Commercial Real Estate Leases, your days of fumbling through multiple titles for the valuable information you need are over. Built around 51 comprehensive charts, State-by-State Guide to Commercial Real Estate Leases reviews the relevant statutes in each state that regulate every facet of commercial real estate leasing. It gives you the statutes themselves, plus commentary explaining how they are used, case law, citations of authority, and more. Whether you're in private practice or part of an in-house legal group, this ready reference to relevant statutes is sure to help you: Cut down research time Spot possible problems early and correct or work around them Avoid costly and embarrassing mistakes Protect yourself, your company, and/or your clients at every step State-by-State Guide to Commercial Real Estate Leases is written by the top real estate lawyers in each stateand—pre-eminent practitionersand—so you can be sure itand’s authoritative and accurate. Each expert contributor has researched over 100 specific aspects of commercial real estate leasingand—from assignments and subleases to tenant's obligations and attorneys' feesand—to bring you the most complete and up-to-date coverage available anywhere today.

Author : Peter Sparkes
Publisher : Bloomsbury Publishing
Page : 972 pages
File Size : 49,5 Mb
Release : 2001-02-13
Category : Law
ISBN : 9781847311726

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A New Landlord and Tenant by Peter Sparkes Pdf

This book is designed to complement the author's A New Land Law,integrating with that work in its simplified terminology, and emphasising a three-fold functional classification of leases – short residential tenancies, long residential leases and commercial leases. Rented housing is treated as a unified whole, with particular prominence being given to shorthold arrangements. The book includes reference to the changes to the allocation and homelessness regimes proposed by Part II of the Homes Bill 2000. It also considers the impact of the Human Rights Act 1998, the changes to repossession procedures implemented by the Woolf Reforms, and the year 2000 bumper crop of decisions on housing law. Leasehold tenure is undergoing dramatic changes. The book draws a functional distinction between long residential leases and rental arrangements, based on the registrability of long leases, their freedom from rent controls and security of tenure, special controls of management and forfeiture, and enfranchisement rights. Extensive coverage is given to the Commonhold and Leasehold Reform Bill 2000, introduced into the House of Lords in December 2000, and promising improvements in the enfranchisement schemes, additional management controls, and a commonhold scheme. Topics on commercial leases (business and agricultural) given special attention include the reasonable recipient principle for the construction of notices, a decision on the effect on a sub-tenant of an upwards notice to quit by his head tenant, and Law Commission proposals on the Termination of Tenancies (1999).

Author : Margaret Wilkie,Peter Luxton,Jill Morgan
Publisher : Bloomsbury Publishing
Page : 408 pages
File Size : 54,5 Mb
Release : 2017-09-16
Category : Law
ISBN : 9780230211186

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Landlord and Tenant Law by Margaret Wilkie,Peter Luxton,Jill Morgan Pdf

Landlord and Tenant Law contains summaries, exercises and workshops to help the reader to make sense of a complex area of Law. This is an extensively revised fifth edition of this popular text, particularly in terms of its coverage of the effects of covenants in leases and also in an expanded section on business tenancies.

Author : Chris Edwards,Paul Krendel
Publisher : Taylor & Francis
Page : 149 pages
File Size : 48,5 Mb
Release : 2018-12-07
Category : Law
ISBN : 9781135332297

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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.

Author : Barry Denyer-Green
Publisher : CRC Press
Page : 94 pages
File Size : 43,6 Mb
Release : 2017-10-03
Category : Law
ISBN : 9781351224970

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EGLR 2004 Cumulative Index by Barry Denyer-Green Pdf

First published in 2005. Routledge is an imprint of Taylor and Francis, an informa company.

Author : Anne Roddell
Publisher : College of Law Publishing
Page : 730 pages
File Size : 42,7 Mb
Release : 2018-01-22
Category : Law
ISBN : 9781912363247

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Commercial Property 2018 by Anne Roddell Pdf

Commercial Property is a thorough and practical introduction to all the main areas of commercial property practice.