LANDLORD AND TENANT – SERVICE CHARGES – effect of agreement that charges not recoverable – whether agreement binding only for period under consideration by FTT – whether charges incorrectly included in demands for utilities costs were prevented by s.20B(1), Landlord and Tenant Act 1985 subsequently from being recovered as service charges – calculation of unit … Continue reading NO1 West India Quay (Residential) Ltd v East Tower Apartments Ltd (Landlord and Tenant – Service Charges): UTLC 26 May 2020

Whether a demand had been made – effect of section 20B of the Landlord and Tenant Act 1985 Citations: [2020] UKUT 115 (LC) Links: Bailii Statutes: Landlord and Tenant Act 1985 20B Jurisdiction: England and Wales Landlord and Tenant Updated: 20 November 2022; Ref: scu.650123

The court was asked as to the liability of five underlessees to pay the rent for a caretaker employed by the landlord. The lease envisaged a caretaker living in the building. Previously the caretaker had been paid a larger wage but had then paid a rent. Held: The landlord’s appeal was dismissed. Provisions relating to … Continue reading Gilje and others v Charlgrove Securities Ltd: CA 4 Oct 2001

UTLC LANDLORD AND TENANT – service charges – payments on account – section 20B of the Landlord and Tenant Act 1985- section 19 of the Landlord and Tenant Act 1985 [2016] UKUT 218 (LC) Bailii Landlord and Tenant Act 1985 19 England and Wales Landlord and Tenant Updated: 16 January 2022; Ref: scu.564153

Judges: Morgan J Citations: [2011] EWHC 1663 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1985 20B Jurisdiction: England and Wales Landlord and Tenant Updated: 13 October 2022; Ref: scu.441312

UTLC LANDLORD AND TENANT – service charges – major works contract – costs incurred more than 18 months previously – whether notification given to tenant within that period – held it had been- appeal dismissed – Landlord and Tenant Act 1985 s 20B Citations: [2011] UKUT 178 (LC) Links: Bailii Statutes: Landlord and Tenant Act … Continue reading Jean-Paul v London Borough of Southwark: UTLC 9 May 2011

UTLC LANDLORD AND TENANT – service charge – LVT holding service charges irrecoverable by reason of landlord’s failure to comply with provisions of lease and under statutory provisions – LVT failing to make findings as to reasonableness of costs – appeal allowed – Landlord and Tenant Act 1985 ss 20B, 27A Citations: [2011] UKUT 42 … Continue reading Ember Homes Ltd v Lucas: UTLC 28 Jan 2011

UTLC LANDLORD AND TENANT – service charges – payments on account – use of a reserve fund – loans to service charge account by landlord – legal fees- cost of paying insurance premium by instalments – management charges – ss 20B and 20C Landlord and Tenant Act 1985 – appeal allowed in part Citations: [2010] … Continue reading Modi, Re 5 Brentview House: UTLC 5 Oct 2010

UTLC LANDLORD AND TENANT – service charges – applicability of Landlord and Tenant Act 1985, s20B – payment from reserve funds – whether a demand – Gilje v. Charlegrove followed Mole QC HHJ [2010] UKUT 403 (LC) Bailii Landlord and Tenant Act 1985 20B England and Wales Landlord and Tenant Updated: 23 January 2022; Ref: … Continue reading Brennan v St Paul’s Court Ltd: UTLC 11 Nov 2010

UTLC LANDLORD AND TENANT – service charges – whether any credit for overpayment should be given to all leaseholders or just appellant – whether respondent’s conduct amounting to breach of trust and/or RICS Code of Conduct – whether VAT on electricity supply to common parts of blocks of flats should be charged at reduced rate … Continue reading MacGregor v BM Samuels Finance Group Ltd: UTLC 21 Oct 2013

UTLC LANDLORD AND TENANT – service charges – date on which costs incurred for the purpose of section 20B, Landlord and Tenant Act 1985 – electricity charges not billed by supplier for five years – relevant costs not ‘incurred’ until invoice delivered or paid – lessee liable to pay – appeal allowed Martin Rodger QC, … Continue reading Wenghold Ltd v Egleton: UTLC 4 Sep 2013

UTLC LANDLORD AND TENANT – service charges – invalid demand because name of landlord not given – whether made valid for purposes of operation of section 20B by later valid demand – section 20C decision – whether reasons adequate – whether discretion properly exercised – appeal and cross-appeal dismissed – Landlord and Tenant Act 1985 … Continue reading Johnson v County Bideford Ltd: UTLC 17 Dec 2012

LT LANDLORD AND TENANT – service charges – limitation of charges – whether the relevant requirements for obtaining two estimates for the works had been complied with – whether the tenant was properly notified that relevant costs had been incurred in accordance with time limit on making demands – appeal dismissed – Landlord and Tenant … Continue reading London Borough of Islington v Abdel-Malek: LT 7 Aug 2007

UTLC LANDLORD AND TENANT – service charge – Landlord and Tenant Act 1985 s.20B – ‘costs’ are ‘incurred’ when ‘expended’ or ‘become payable’ – gas used from 2001 to 2007 not billed by correct supplier until November 2007 – included in service charge April 2008 – tenant liable Judges: Judge Mole QC Citations: [2012] UKUT … Continue reading OM Property Management Ltd v Burr: UTLC 26 Jan 2012

The claimant managed a development where the respondent was one of the tenants. Through a mix up, the company had failed to collect sufficient sums to discharge communal fuel service charges. They now sought payment of the apportioned but substantial arrears from the respondent even though they related to a time before he had taken … Continue reading OM Property Management Ltd v Burr: CA 3 May 2013