Price: $117.69
Commercial service charge disputes are escalating each year, largely fuelled by the inherent conflict of interest between landlords and tenants. This contentious area has seen a surge in litigation, with recent cases causing concern for all parties involved. This book is designed to offer a comprehensive introduction to commercial service charges, providing a thorough overview of the key considerations in resolving service charge disputes.
It delivers invaluable insight into the use of the Service Charge Code and scrutinizes the essential elements of a service charge clause, aiming to ensure effective recovery of due sums and the prevention of disputes. Designed as a handy initial reference guide, this book is equally useful to both surveyors and solicitors. It includes a synopsis of pertinent case law to aid in both drafting service charge clauses and managing disputes.
ABOUT THE AUTHOR: Rachel Garton is a consultant solicitor at Nexa Law, specializing in property dispute resolution. Her expertise spans all facets of commercial and residential property litigation and landlord and tenant issues, including right of first refusal for tenants, residential leasehold enfranchisement, service charges, lease renewal litigation, commercial and residential possession proceedings, and debt recovery. She has particularly specialized knowledge in service charge disputes, having resolved numerous such disputes for both commercial and residential clients over the past 15 years. Additionally, she has delivered several seminars on this topic for MBL Seminars.
CONTENTS:
Part One – General Principles Applicable to Service Charges
Chapter One – Constructing the Service Charge Clause
Chapter Two – Sinking or Reserve Funds
Chapter Three – Court Interpretation of a Service Charge Clause
Chapter Four – Compliance with Service Charge Clause Mechanics
Chapter Five – Factors for Both Commercial and Residential Property when Considering Service Charge Payment
Part Two – Principles for Commercial Service Charges
Chapter Six – Determining Factors for Payable Commercial Service Charges Under Lease
Chapter Seven – The Impact of the Service Charge Code: Professional Statement
Part Three – Miscellaneous Considerations
Chapter Eight – Tax and Indexation
Chapter Nine – Mixed Use Premises