||All England Reporter
|| All ER (D) 169 (Oct)
||Court of Appeal, Civil Division
Ward, Mummery and Jonathan Parker LJJ
||Paul Letman (instructed by Morgan Cole) for the headlessor.
||Gary Cowen (instructed by Memery Crystal) for the intermediate lessor.
||Edward Cousins (instructed by Cawdery Kaye Fireman & Taylor) for the individual tenants.
||11 October 2002
Landlord and tenant - Lease - Construction - Whether judge's construction of lease correct.
On the true construction of the terms of the lease in the instant case, the headlessor was entitled to keep a reserve fund and could apply any year end surplus of service charges to it. Furthermore, the headlessor was entitled to interest received in respect of late payment of service charges, and any excess service charges, but could not charge legal costs as part of the service charge.
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