Residential Service Charge Demands
Landlord and Tenant
In the case of Phillips and Goddard v Francis [2012] The High Court ruled that works must be considered as a whole when a Landlord is seeking to recover the costs from the tenants via the service charge.
Following amendments to the Landlord and Tenant Act 1985 it is not acceptable to divide qualifying works into sets of work, nor to assess some aspects as falling below the triviality threshold rendering them recoverable.
If the costs exceed a contribution of £250 per tenant the proper consultation process must be carried out to avoid the landlord suffering a shortfall.
Landlord and Tenant Solicitors and Lawyers Eastbourne, Hailsham, Polegate, East Sussex
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