Service charges,"Daejan" and claims in restitution
Roberts, N.
Service charges,"Daejan" and claims in restitution - 2003 - Conveyancer and Property Lawyer (67) September/October 2003, 380-397(18) .
After considering the background in statutory provision and case law to service charge disputes, thisarticle attempts to explore the interface between service charge disputes and claims for repayment under the law of restitution. Makes extensive reference to "R v London LVT ex p Daejan Properties Ltd" (CA, Abs64698) which was concerned with the jurisdiction of Leasehold Valuation Tribunals. The Landlord and Tenant Act 1985 s27A later the Commonhold and Leasehold Reform Act s155 defines the jurisdiction of the Leasehold Valuation Tribunals with regards to service charge disputes. Considers "Nurdin and Peacock plc v D B Ramsden and Co Ltd" (ChD, Abs60331) in connection with the law of restitution pre and post "Kleinwort Benson Ltd v Lincoln City Council"(HL, Abs60152). Discusses statutory restitution with regards to the Rent Act 1977. Concludes with comments on the current position post-enactment of s27A of the 1985 Act and questions whether a leasehold valuation tribunal can order a payment in restitution.
SERVICE CHARGES
RESTITUTION
LANDLORD AND TENANT ACT 1985
COMMONHOLD AND LEASEHOLD REFORM ACT 2002
R V LONDON LVT EX P DAEJAN PROPERTIES LTD
NURDIN AND PEACOCK PLC V D B RAMSDEN AND CO LTD
KLEINWORT BENSON LTD V LINCOLN CITY COUNCIL AND OTHERS
STATUTORY RESTITUTION
LANDLORD AND TENANT ACT 1985 S27A
Service charges,"Daejan" and claims in restitution - 2003 - Conveyancer and Property Lawyer (67) September/October 2003, 380-397(18) .
After considering the background in statutory provision and case law to service charge disputes, thisarticle attempts to explore the interface between service charge disputes and claims for repayment under the law of restitution. Makes extensive reference to "R v London LVT ex p Daejan Properties Ltd" (CA, Abs64698) which was concerned with the jurisdiction of Leasehold Valuation Tribunals. The Landlord and Tenant Act 1985 s27A later the Commonhold and Leasehold Reform Act s155 defines the jurisdiction of the Leasehold Valuation Tribunals with regards to service charge disputes. Considers "Nurdin and Peacock plc v D B Ramsden and Co Ltd" (ChD, Abs60331) in connection with the law of restitution pre and post "Kleinwort Benson Ltd v Lincoln City Council"(HL, Abs60152). Discusses statutory restitution with regards to the Rent Act 1977. Concludes with comments on the current position post-enactment of s27A of the 1985 Act and questions whether a leasehold valuation tribunal can order a payment in restitution.
SERVICE CHARGES
RESTITUTION
LANDLORD AND TENANT ACT 1985
COMMONHOLD AND LEASEHOLD REFORM ACT 2002
R V LONDON LVT EX P DAEJAN PROPERTIES LTD
NURDIN AND PEACOCK PLC V D B RAMSDEN AND CO LTD
KLEINWORT BENSON LTD V LINCOLN CITY COUNCIL AND OTHERS
STATUTORY RESTITUTION
LANDLORD AND TENANT ACT 1985 S27A