Real Estate Dispute Resolution eBulletin October 2011

Real Estate Dispute Resolution eBulletin

In this issue:

•	Recovery of Service Charge under Section 20B Landlord & Tenant Act: Avoiding the pitfalls
•	Greening v Castelnau Mansions
•	Daejan Investments Ltd v Benson and others

Welcome to the first edition of the DMH Stallard Real Estate Dispute Resolution eBulletin.

The law governing the management of residential properties is, as we all know, a potential minefield. Our aim is to produce a regular eBulletin to comment on and highlight recent developments as well as useful practical points, in a concise and meaningful way.

In this edition, we look at some of the recent developments in residential landlord and tenant law. We highlight the risk to landlords of residential properties of failing to comply with the Section 20 consultation requirements and we address the much vexed issue of the recovery of legal costs from a lessee. We also provide advice on how to avoid service charges becoming irrecoverable under the 18 month rule.

We hope that you find our eBulletin beneficial. Please do get in touch if you would like further advice on any of our articles or there is a topic which you would like us to cover in the future. Feedback is always welcome!

Please pass on our bulletin to your colleagues or others who you think might be interested, so that they have the opportunity to sign up for future editions via the link.

Tina George
Partner

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Recovery of Service Charge under Section 20B Landlord & Tenant Act: Avoiding the pitfalls

When seeking to recover the costs of works from the service charge fund, it is vital that landlords adhere to the strict provisions of the Landlord and Tenant Act 1985. If they do not, they can expect to incur serious expense. ...

Greening v Castelnau Mansions

The recent case of Greening-v-Castelnau Mansions, decided by the Upper Tribunal, provides a timely reminder of the increasing difficulty landlords face in recovering legal costs and other professional fees in the absence of a clear covenant in...

Daejan Investments Ltd v Benson and others

The Court of Appeal has recently issued a stark warning to landlords that compliance with the consultation requirements prescribed by section 20 of the Landlord and Tenant Act 1985 (“s.20”) is vital in order to recover the costs of...