OM Property Management v Burr [2013] EWCA Civ 479

Residential Tenancies: How not to lose a landlord’s rights

Alexandra Anderson and Sarah Hennessy discuss the pitfalls surrounding collection of service charges by property managers ‘The court considered that, as a matter of ordinary language, there is an obvious difference between a liability to pay and the incurring of costs… a liability must crystallise before it becomes a cost.’One of the biggest risks to …

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Case Round Up

Paul Tonkin and Eleanor Marsh summarise recent case law Tenant liable under repair covenant for cost of repair of roof lights under dilapidations claim Twinmar Holdings Ltd v Klarius UK Ltd [2013] Klarius was Twinmar’s tenant of a warehouse and office space built in 1993. Klarius covenanted to keep the whole of the premises ‘in …

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Residential Service Charges: Where are we now?

Emma Gosling considers some recent cases ‘If you accept that it will be necessary to apply for dispensation from the consultation requirements, do so early before the lessees incur unnecessary costs which you could ultimately be held liable for.’ It has been an eventful year for residential service charge litigation. There have been a number …

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