In a decision that has been welcomed by the Association of Residential Managing Agents, the Court of Appeal has overturned the earlier decision in Phillips v Francis, which we reported in May 2013 regarding recovery of residential service charge costs. The case has reinstated the ‘sets’ approach to identifying the works in relation to which the landlord should consult tenants. Tenants may also have cause to welcome the decision as it will reduce the frequency with which administration and procedural costs will be passed on to them via the service charge and also remove disincentives to the carrying out of emergency repairs…

Click on the link below to read the rest of the Collyer Bristow briefing.