Without reversing the burden of

This decision provides important insight into your family and estate law rights. Here is what it changes for you.

The situation

Without reversing the burden of proof or exceeding its remit, a court of appeal held that a landlord must, in order to retain the advance service charge payments received from the tenant, provide evidence of the amount of the expenditure and that, failing this, the landlord must repay the tenant the sums paid by way of advance payments

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the statutory time limits for appeal
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Plan ahead: preventive advice is always cheaper than a dispute

For an analysis of your situation: 30-minute consultation at €70 with Maître Perucca.