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Capital & Counties Freehold Equity Trust Ltd v B L plc

Language: English Series: Estates Gazette ; 283(6345) 1 August 1987, 563-564(1)Publication details: 1987Subject(s): Summary: ChD 26 February 1987. The landlords sought declarations as to the true construction of provisions in two identical leases relating to different parts of the same office building. The point in question was whether the tenants were liable to contribute under a service charge a proportion of the cost of repairs and decorations to the exterior and common parts which the landlords had contracted with the builders before the end of the term to be carried out, but no part of which had in fact been carried out by the end of the term. Tenants had covenanted in the lease to contribute a proportion of costs and expenses "which may from time to time during the said term be expended or incurred or become payable" by the landlords and it was suggested by the landlords that the word "incurred" in contrast to "expended" and "become payable"covered a situation where they had entered into a contract under which a liability to make a payment would arise even though it had not done so before the end of
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Law report London Journal article ABS38079 (Browse shelf(Opens below)) 1 Available 8608-1001

ChD 26 February 1987. The landlords sought declarations as to the true construction of provisions in two identical leases relating to different parts of the same office building. The point in question was whether the tenants were liable to contribute under a service charge a proportion of the cost of repairs and decorations to the exterior and common parts which the landlords had contracted with the builders before the end of the term to be carried out, but no part of which had in fact been carried out by the end of the term. Tenants had covenanted in the lease to contribute a proportion of costs and expenses "which may from time to time during the said term be expended or incurred or become payable" by the landlords and it was suggested by the landlords that the word "incurred" in contrast to "expended" and "become payable"covered a situation where they had entered into a contract under which a liability to make a payment would arise even though it had not done so before the end of