Building surveying > Service charges in commercial property
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Code of Measuring Practice
06 July 2010
Long established and understood professional responsibilities to clients are matched by statutory obligations to users of property. It is a criminal offence for those involved in estate agency...
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Instructing on service charges
16 March 2010
Surveyors should ensure that preliminary issues are agreed and parties are identified on instruction. In additon to the leases, licences for alteration, side agreements and deeds of variation...
Summary
Professional advisors need to be informed of current practice and legislation relating to the management and administration of service charges in commercial property, in order to ensure they are acting in their clients' best interests and providing adequate advice. This section discusses the basic principles and reviews the contractual basis of the service charge including common lease provisions such as interim payments and sinking funds, the apportionment of the service charge and reporting to tenants, and the certification of actual expenditure. Guidance is provided within the context of current case law and best market practice.
This section is maintained by Peter Forrester of Savills.
Resources
- Glossary
- Features
- Legislation
- RICS practice standards
- Apportionment of service charges in mixed-use developments
- Code of Measuring Practice
- Managing mixed-use developments
- Service charges and tenant alterations
- Service Charges in Commercial Property
- Service Charges in Commercial Property (Northern Ireland edition)
- Service Charges in Commercial Property (Scottish edition)
- Sinking funds, reserve funds and depreciation charges
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Worksmart tools
- Contract Administrator
- ProForms
- Survey Writer
- Instructing on service charges
- Defining service charges
- Contractual basis of the service charge
- Management and administration of the service charge
- Legislation affecting service charges
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Service charge cases
- Agavil Investments Co v Corner (1975)
- Bandar Property Holdings v J S Darwen (Successors) Ltd (1968)
- Barclays Bank plc v Savile Estates Ltd (2002)
- Boldmaker Ltd v Cohen and another (1987)
- Brown's Operating System Services Ltd v Southwark Roman Catholic Diocesan Corporation (2007)
- Capital & Counties Freehold Equity Trust Ltd v BL plc (1987)
- Church Commissioners for England v Metroland Ltd (1996)
- CIN Properties Ltd v Barclays Bank (1986)
- Cleve House Properties v Schidof (1980)
- Concorde Graphics v Andromeda Investments Ltd SA (1982)
- Davstone Estates Ltd's Leases Manprop Ltd v O'Dell and others (1969)
- Finchbourne v Rodrigues (1976)
- Fluor Daniel Properties Ltd and others v Shortlands Investments Ltd (2001)
- Frobisher (Second Investments) Ltd v Kiloran Trust Co Ltd (1980)
- Gilje and others v Charlegrove Securities Ltd (2000)
- Havenridge Ltd v Boston Dyers Ltd (1994)
- Heron Maple House Ltd v Central Estates Ltd (2002)
- HRD Billson and others v Tristem (2000)
- Jacob Isbicki & Co Ltd v Goulding & Bird Ltd (1989)
- Jollybird Ltd and others v Fairzone Ltd (1990)
- Jones and another v Sherwood Computer Services plc (1992)
- Leonara Investment Company Ltd v Mott Macdonald Ltd (2008)
- Lloyds Bank plc v Bowker Orford and another (1992)
- Manor House Drive Ltd v Shahbazian (1965)
- Mason v TotalFinaElf (2003)
- Moorcroft Estates Ltd v Doxford and another (1980)
- Mullaney v Maybourne Grange (Croydon) Management Co Ltd (1986)
- Mylles v Hall (1980)
- Oakfern Properties Ltd v Ruddy (2006)
- Parkside Knightsbridge Ltd v Horwitz (1983)
- Plough Investments Ltd v Manchester City Council (1989)
- Pole Properties Ltd v Feinberg (1981)
- Postel Properties Ltd and another v Boots the Chemist (1996)
- Post Office v Aquarius Properties Ltd (1987)
- Quick v Taff-Ely Borough Council (1985)
- Rapid Results College Ltd v Angell (1986)
- Riverlate Properties Ltd v Paul and others (1974)
- Scottish Mutual Assurance plc v Jardine Public Relations Ltd (1999)
- Secretary of State for the Environment v Possfund (North West) Ltd (1997)
- Skilleter and others v Charles (1992)
- St Mary's Mansions Ltd v Limegate Investments Co Ltd (2002)
- St Modwen Developments (Edmonton) Ltd v Tesco Stores Ltd
- Sun Alliance and London Assurance Co Ltd v British Railways Board (1989)
- Sutton (Hastoe) Housing Association v Williams (1988)
- Universities Superannuation Scheme Ltd v Marks & Spencer plc (1998)
- West Central Investments v Borovik and others (1977)
- Further information on service charges