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Service charges,"Daejan" and claims in restitution

By: Series: Conveyancer and Property Lawyer ; (67) September/October 2003, 380-397(18)Publication details: 2003Subject(s): Summary: 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.
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Journal article London Journal article ABS67284 (Browse shelf(Opens below)) 1 Available 124367-1001

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.