Service Charges

LVT case of the month - Challenging service charges: Swanlane Estates Ltd v Woods and others Oct 23, 2008: Swanlane Estates Ltd v Woods and others

News on the Block is pleased welcome back Justin Bates and the LVT case of the month feature, in which he provides expert analysis on the LVT’s most significant ruling over the previous few weeks. To read more of Justin’s expert commentary, please visit www.lvtbulletin.com.

San Marino Estates Ltd v Peveral Om Jun 24, 2008: The appellant leaseholders had challenged a number of items of service charge expenditure incurred by the respondent managing agents. In the course of the proceedings, the LVT had given a number of directions...

McKibbin and others v Phoenix Housing Association May 27, 2008: The applicants were leaseholders who had purchased their leases under the Right to Buy scheme. They sought, amongst other issues, a determination under s.27A Landlord and Tenant Act 1985 of their service charge liabilities from the years 1989/90. The landlord submitted that there was a 6 year limitation period, while the leaseholders submitted that it was twelve years.

King and others v Udlaw May 2, 2008: The applicants were the leasehold owners and occupiers of three bungalows on a holiday park. The respondent was the freehold owner. The bungalows were occupied as holiday accommodation and the conditions to occupation included a prohibition on using them as permanent residential accommodation.

Warrior Quay Management Company Ltd and another v Joachim and others Feb 18, 2008: The appellants were the freeholder and management company of the premises. The various respondents held their respective premises on long leases from the freeholder. The leases contained provision for the freeholder to provide an auditors or accountants certificate certifying the level of service charge expenditure in the previous year...

Home Group Ltd v Lewis and others Jan 22, 2008: The respondent’s lease provided that he was liable to pay rent, service charges and other charges during the year. An issue arose as to the jurisdiction of the LVT and whether the service charges were fixed or varied...

Read et al v London Borough of Islington Dec 19, 2007: The respondent wished to establish an independent leaseholders association to represent the view of leaseholders and provide a mechanism by which their concerns and views could be passed on to the respondent.

Silver v London Borough of Hackney Oct 23, 2007: The respondent apportioned service charges by the amount of living space available in the property, so that a one bedroomed flat would pay less than a four bedroomed flat. The applicant contended that this was unfair...

De Denny v Patel Oct 23, 2007: The lease plainly said that the applicant was to pay 30 per cent of the costs of the service charges. However, the managing agents for the respondent were, in effect, requiring the applicant to pay 50 per cent...

Max Ustimekno v Prescot Management Company Ltd Sep 10, 2007: PMCL was the leaseholder-owned management company responsible for a block of flats. Mr. Ustimekno was one of the leaseholders. Since at least 2002 he had been in dispute with PMCL about his service charges and, on his view, their unjustified increase.

London Borough of Islington v Lucy Shehata Adel-Malek Aug 17, 2007: Service Charges
The appellant (Islington) was the freeholder of a building and estate, in respect of which the respondent was a leaseholder of one of the flats. She was liable to pay service charges in respect of the building and the estate.

A2 Housing Group v Spencer Taylor and others Jul 24, 2007: The appellant was a charitable, non-profit making housing association. The respondent was a long leaseholder and had covenanted to pay service charges in respect of the building and the estate on which the building was located. In due course, the appellant re-tendered various works and signed one new contract in respect of all the works. The new contract was more expensive than the previous arrangements.

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