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SERVICE CHARGES – ISSUES OF DRAFTING AND MANAGEMENT IN AN UNCERTAIN WORLD

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SERVICE CHARGES – ISSUES OF DRAFTING AND MANAGEMENT IN AN UNCERTAIN WORLD

The impact of the COVID-19 pandemic has led to an examination of standard service charge provisions and speculation as to what specific bespoke drafting may emerge in future.  It is anticipated that tenants are likely to be seeking shorter terms and greater flexibility in future, and service charges will need to adapt.  Meanwhile, new caselaw continues to keep us on our toes.  This talk will consider practical issues including:

  • What can be expected at lease renewal?
  • Sinking/Reserve funds and Depreciation charges – what are the differences and which is appropriate?
  • Recovering the cost of improvements – does Southwark LBC v Baharier amount to a blank cheque?
  • How well have service charge frameworks accommodated COVID-19?

Mark Shelton, Commercial Property Management Law Trainer