Source: All England Reporter
Publisher Citation: [2011] All ER (D) 238 (Jun)
Neutral Citation: [2011] EWHC 1663 (Ch)
Court: Chancery Division
Judge:

Morgan J

Representation Marie-Claire Bleasdale (instructed by Bude Nathan Iwanier) for the lessee
  Nicholas Grundy (instructed by Legal Services, London Borough of Brent) for the lessor.
Judgment Dates: 29 June 2011

Catchwords

LANDLORD AND TENANT - SERVICE CHARGE - FLAT - RESTRICTION ON RECOVERY OF SERVICE CHARGE - RECOVERY IN ADVANCE - NOTIFICATION REQUIREMENTS - LESSOR UNDERTAKING BUILDING WORKS TO LESSEE'S PREMISES - LESSOR SEEKING PAYMENT OF ESTIMATED COSTS FROM LESSEE - LESSOR SEEKING PAYMENT OF INVOICE - LESSEE REFUSING TO PAY AND SEEKING TO STRIKE OUT CLAIM - JUDGE REFUSING TO STRIKE OUT CLAIM - LESSEE APPEALING - WHETHER VALID DEMAND BEING SERVED FOR PURPOSES OF LEASE - WHETHER VALID DEMAND BEING SERVED FOR PAYMENT OF SERVICE CHARGE FOR PURPOSE OF STATUTE - .

The Case

LANDLORD AND TENANT SERVICE CHARGE. The Chancery Division allowed an appeal by the lessee finding that for the purposes of the lease and of the Landlord and Tenant Act 1985, the tenant had not been adequately notified of the service charges due and therefore was not liable to pay.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.