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The difference between a reserve fund and a surplus fund

By: Language: English Series: Lovells Real Estate Quarterly ; June 2007, 8-9(2)Publication details: 2007Subject(s): Summary: Highlights a recent legal case which examined the ownership of an accrued excess paid on annual service charges. The question was whether the excess remained the property of the tenant or should be treated as a reserve fund held by the landlord. It was found that although reserve funds will belong to the landlord and not be returned to the tenant, surplus service charge should be paid back. This was in the case of no specific lease terms stating otherwise. Makes reference to the RICS Code of Practice on service charges.
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Journal article London Journal article L138754 (Browse shelf(Opens below)) 1 Available 138754-1001

Highlights a recent legal case which examined the ownership of an accrued excess paid on annual service charges. The question was whether the excess remained the property of the tenant or should be treated as a reserve fund held by the landlord. It was found that although reserve funds will belong to the landlord and not be returned to the tenant, surplus service charge should be paid back. This was in the case of no specific lease terms stating otherwise. Makes reference to the RICS Code of Practice on service charges.