Up to 8 hours of CPD available
Outputs / learning outcomes
- What is a service charge and what it is not.
- The potential for dispute and how to confidently manage it. In-depth understanding of the various methods of dispute resolution and when to apply them.
- Apportioning service charge costs and arriving at a ‘fair and reasonable' basis of apportionment for extended schemes.
- Obligations on the landlord arising from having residential elements in commercial property and the relevant case law.
- Implications of the new ‘Code' – out in Autumn 2017.
09:00 – 09:30 Breakfast/registration.
09:30 – 10:30 The technical insight. Practical and legal. What are the fundamentals?
10:30 – 11:15 Service charges in dispute. Understanding various methods of dispute resolution and when to apply them.
11:15 – 11:30 Break.
11:30 – 12:30
What are the challenges/opportunities when faced with refurbishments, extensions for leisure/F&B. This encompasses a number of issues. For example:
1. Treatment of service charge costs Inc. PPM costs, what constitutes ‘repair’, process for withstanding challenge.
2. The various methods of apportioning costs to include leisure, F&B etc.
12:30 – 13:00 Residential as part of a commercial scheme – what are the challenges? Understanding the potential service charge ramifications of having residential elements as part of a commercial property scheme.
13:00 - 14:00 Lunch.
14:00 – 14:45 How do you factor in flexibility? Focus on shorter lease lengths; the effect of regulations such as MEES; whether you can amend service charge provisions in a renewal lease.
14:45 – 15:30 Sinking funds, reserve funds & depreciation With shorter lease terms in modern leases, the role of sinking funds, reserve funds and depreciation; their characteristics and operation.
15:30 – 15:45 Break.
15:45 – 16:30 New 4th Edition of the RICS Code of Practice: Service Charges in Commercial Property due to be published in 2017. RICS representation. Joined by Peter Forrester FRICS – Lead Author of the RICS Code of Practice: Service Charges in Commercial Property.
Peter is widely acknowledged as one of the UK's leading authorities in the field of commercial service charges and is Chairman of the RICS Professional Group responsible for the Code.
We'll discuss the main changes in the new Edition of the Code.
16:30 – 16:45 Wrap up and reflections.
In partnership with
Rhiannon Saunders - RPC
Rhiannon is a property litigation lawyer acting for commercial landlords and tenants, as well as developers. Her experience includes advising landlords and tenants on service charge issues, assignments/sub-lettings and dealing with requests for consent to alterations, drafting and serving break notices, advising on defective break notices and break conditions, negotiating dilapidations settlements and advising tenants on their liabilities at the end of their lease term. She acts for both landlords and tenants on 1954 Act lease renewal proceedings and disputes.
Rhiannon also acts for developers advising on the best strategy for avoiding and resolving real estate disputes, including advising on rights of light claims.
David Johnston - RPC
An expert in property investment and development, David steps in to guide clients through every type of real estate deal. He has acted for some of the UK's largest retail landlords and tenants with a particular focus on shopping centres.
David has also been heavily involved in advising the real estate sector on the impact of the changing climate, both physical and political, and on private and public sustainable initiatives. In particular, he has been advising on green development and leasing and the effects of the changing regulatory climate on the institutional real estate sector.
David is a former member of the Policy Committee of the UK Green Building Council and was on the advisory board overseeing the CEM/Revo Shopping Centre Management Diploma.
Avis Sayer - Service Charge Analytics
Avis qualified as a Chartered Surveyor in 1996 and has more than 30 years’ experience working in the property management industry, both client side and as a managing agent for large commercial property companies in London.
During that time, Avis spent 8 years at Savills in the Service Charge Consultancy team advising clients on all aspects of service charge management and administration.
Avis has now established her own consultancy, Service Charge Analytics to provide advice to clients on a wide range of service charge issues including, pre-contract advice, service charge reviews and analysis, due diligence, service charge set-ups, budgets, reconciliations and certification, lease-end reviews, dispute resolution and best industry practice.