Industry comment, updates and news from the Websters team.
Landlords and tenants need to be aware of the many legal provisions that govern residential service charges, since mistakes can prove costly. Although we have highlighted many of these pitfalls in the past, this article by Natasha Rees of Forsters LLP gives a very useful summary.
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Ralph Bullivant of Hill Dickinson notes another instance where landlords will need to be even more vigilant than normal on the quarter day with a view to taking prompt enforcement action against those tenants who have failed to pay their rent, especially if there is a suggestion that they may be in financial difficulties and possibly heading for administration. In The High Court decision, Leisure (Norwich) II Ltd -v- Luminar Lava Ignite Ltd, it was held that, when rent is payable in advance and falls due for payment prior to the commencement of the administration, it is not payable as an expense of the administration and the landlord must stand in line with all the other creditors.
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