Service Charges - Practice, Principles & the Latest Case Law

Introduction

The lack of statutory control over commercial service charges, compared with the residential sphere, does not mean that it is a wild west world, in which anything goes. It is true that everything depends on the terms of the individual lease, but the RICS Professional Statement on Service Charges in Commercial Property plays an important part in promoting best practice and reducing the incidence of disputes. Failure to comply may amount to professional misconduct, and moreover could support a negligence claim.

A changing world means that the topic of service charges never stands still, and there are always new challenges to the Professional Statement, and to the landlord’s aim of recovering service expenditure. Caselaw continues to expose new pitfalls for both the manager and the occupier.

This virtual classroom seminar examines the component parts of service charge provisions in the light of the Professional Statement, and also considers the latest legal developments.

What You Will Learn

This live broadcast session will cover the following:

• ‘Final, conclusive and binding’ - is the Sara & Hossein case the last word?
• Charging for improvements
• Procedural requirements - when informality means under-recovery
• The role and limitations of ‘sweeper’ clauses
• Environmental and regulatory impacts
• Reserve and sinking funds, and the appropriate role of depreciation charge

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.