In this edition service charges play a prominent part. We look at using the rules of the First Tier Tribunal (FTT) to manage service charge challenges brought in the FTT and limiting the issues raised by residents and/or an over-zealous tribunal panel.
We also look at the intricacies of the s.20 consultation process and in particular when is a property a “Residential” property for the purposes of s.20 consultation. Another issue that we consider in our Q&A section is the question of when costs are actually incurred by a landlord triggering the “18 month rule” for recovering the costs via the service charges. The recent case of Waaler v LB of Hounslow is also considered as this has important consequences for landlords seeking recovery of service charges following completion of improvement works. Lastly, on a non-service charge issue we look at recovering the costs a landlord incurs when serving a s.146 following a breach of a lease by the tenant.