Websters Accountants - Property Accounting & Property Auditors

Archive for the ‘service charge’ Category

Wednesday, June 23rd, 2010

CRC Efficiency Scheme

David Goddard notes that a further imposition has been put on Landlords and Tenants with the Governments CRC Efficiency Scheme, as this article by by Reynolds Porter Chaimberlain explains.

The CRC Energy Efficiency scheme is a mandatory scheme affecting the whole of the UK, which requires participants to annually buy and surrender allowances priced in pounds per tonne to cover the amount of CO2 a participant emits each year. It is part of the 2008 Climate Change Act, which was introduced to try to meet the Government’s target of reducing greenhouse gases by 80% by 2050. The scheme’s main purpose is to drive down energy consumption.

Read the full article here

Friday, May 28th, 2010

Service charges: an end to bad practice at handover?

Michael Wear of Bond Pearce writes that the RICS intends to tighten up on the proceedures relating to service charges, when there is a change of agent. Often the final reconciliation of the service charge accounts at the date of hand over is not fully completed because the property is no longer the responsibility of the transferring agent and there may be fears about receiving payment for this work.

Ian Stubbs

Read the full article here

Wednesday, March 17th, 2010

Shopping Centre Magazine round-table on Facilities Management

Shopping Centre magazine hosted a round table discussion on Facilities management and “Total Facilities Management” or TFM during March.

Link to our scan of the article below.

100301-shopping-centre-tfm-article

Or link to Shopping Centre Magazine website.

Wednesday, November 18th, 2009

Rogue residential managers in Ulster to be investigated

A report in the Belfast Telegraph says that the Stormont parliament may investigate property management companies who do not fulfil contracted services such as common parts cleaning and garden services.

Interesting to read the comments under the article - some residents seem to think sacking the managing agent is a solution, but surely an independently audited service charge account would serve the purpose?

Wednesday, October 28th, 2009

Effect of VAT ‘normalising’ on service charges

The short term reduction of the standard rate of VAT, from 17.5% to 15%, introduced from 1 December 2008 in a bid to help alleviate the effects of the recession is due to come to an end at 31 December 2009.

The rate will then return to 17.5%, unless the Government decides that the economy still requires the added stimulus that this reduction was designed to provide and extends the period beyond that date.

Our experience shows that when the rate was reduced some suppliers passed on the benefit of the reduced VAT rate, as the Government had intended, by keeping their net costs unchanged, resulting in a reduction in the gross cost. Other suppliers kept their gross costs unchanged, effectively taking advantage of a “hidden” increase in their net charges.

Presumably, when the VAT rate returns to 17.5%, the gross cost for the former group will simply return to the previous level, whilst the latter group will retain the increased net cost and apply the higher rate of VAT.

In terms of service charge situations the overall effect on a service costing £1,000 plus VAT prior to 1 December 2008 can be summarised as follows :-

Residential service charges Commercial service charges
Option to tax No option to tax
Prior to 1 December 2008 £1,175.00 £1,000.00 £1,175.00
Rate reduced to 15% :
1.) Net cost unchanged £1,150.00 £1,000.00 £1,150.00
2.) Gross cost unchanged £1,175.00 £1,021.74 £1,175.00
Rate increased to 17.5% :
1.) Net cost unchanged when rate reduced £1,175.00 £1,000.00 £1,175.00
2.) Gross cost unchanged when rate reduced £1,200.54 £1,021.74 £1,200.54
Assumes no inflationary increase in the cost of the service during the period.

Therefore, for residential tenants and tenants of commercial non-opted buildings there has been a short-term benefit of lower costs from those suppliers who “played fair” and passed on the benefit of the VAT rate cut, offset by a disadvantage of a higher cost base going forward from January 2010 for those suppliers who took advantage of a hidden price increase.

Watch out for your next service charge statement.

For commercial tenants of opted buildings there is no up-side from suppliers who passed on the benefit of the VAT reduction (other than in cash flow terms), only higher costs going forward from 1 December 2008 for those suppliers who took advantage of a hidden price increase.”

Alternatively, you could just use the first paragraph as a bald statement of fact if you think that my subsequent comments are a bit too cynical!

Thursday, July 16th, 2009

Service charge provisions within leases

A nice article in the Liverpool Daily Post about the lease contract between landlord and tenant in mixed-use properties affecting service charge claims.

The question is whether tenants are able to rely on their lease provisions to force landlords into giving the best value for the services they are obliged to provide?

Best value is an ambiguous concept, particularly where the price paid for shared services may be negotiated several years at a time and may not rise and fall rapidly as market conditions vary.  But we like the suggestion that the best Landlords will always be BPF Lease Code compliant.

Wednesday, July 15th, 2009

Entertainments are not “promotions” for service charge purposes

In the current economic climate landlords and tenants will continue to consider in great detail the service charge provisions in leases and to review what expenditure is and is not recoverable. Service charge disputes are likely to become more common according to CMS Cameron McKenna.

This came about after a legal decision of Boots UK Limited -v- Trafford Centre Limited in 2008 when the High Court held that the landlord could pass on the cost of entertainments, Christmas decorations, a Christmas grotto and a large permanent television screen to its shopping centre tenants via the service charge.

The court held that all these items were each a facility, an amenity or an attraction, rather than a form of promotion of the shopping centre and therefore the entire cost was to be included in the ordinary service charge with no contribution from the landlord. In contrast, had these items been classified as a promotion, then the cost of providing them would have had to be shared between the landlord and the tenant. Source Dorsey & Whitney

A summary is downloadable from Ashursts.

Forsters explain in more detail the items Boots contested and why the judge found against them.

Thursday, June 4th, 2009

Residential landlords may get water bill liability

The Government has commissioned an independent review into charging and metering for water and sewerage services.  This is being run by Defra and Chaired by Anna Walker, Chief Executive of the Healthcare Commission.

In a headline-grabbing reaction, the Property Week says that part of the proposals would leave landlords liable for unpaid water bills from departing tenants.

The review is still at the consultative stage and interested parties have until 28th August 2009 to respond to the interim report.

Tuesday, June 2nd, 2009

Westfield Shopping Centre reduces service charge 7%

It has been reported in Property Week and Retail Week that Westfield Shopping Centre has dropped its service charges for tenants.

The top weighted rate for 2009 of £12.98/sq ft – compared to the original budget projection of £13.94/sq ft that was given to retailers around Christmas 2008.

Driven by ‘unhappy retailers’ who campaigned for a reduction in overheads, it seems this has been achieved by a mixture of cost cutting and streamlining services.

Thursday, April 16th, 2009

“He who pays the piper….”

The majority of commercial service charge leases are drafted on the basis that the service charge is paid in advance. There are thus large sums of money lying in service charge bank accounts, on which interest accrues throughout the year.

Read more…

Service charge specialists for commercial and residential property

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Birmingham 0121 262 3733