Jollybird Ltd and others v Fairzone Ltd
Jollybird Ltd and others v Fairzone Ltd
- 1990
- Estates Gazette (1990) 43 EG 63-69(4) .
CA 3 July 1990. Appeal by landlord (F) against a high court ruling over disputed lease provisions for recovering increased costs of fuel for supplying central heating to tenants. Lessors (F) were owners of a building on which they had covenanted to maintain and operate the central heating system whilst the lessees (J) had each covenanted to contribute a fair proportion of the costs with a proviso that the sum payable could be increased if the cost of the fuel exceeded the amount paid. J argued that the sum payable meant a fair proportion and the objectives of the provision was to reimburse F for the actual cost not for profit. CA accepted J`s argument. Appeal dismissed with costs.
SERVICE CHARGES
CA 3 July 1990. Appeal by landlord (F) against a high court ruling over disputed lease provisions for recovering increased costs of fuel for supplying central heating to tenants. Lessors (F) were owners of a building on which they had covenanted to maintain and operate the central heating system whilst the lessees (J) had each covenanted to contribute a fair proportion of the costs with a proviso that the sum payable could be increased if the cost of the fuel exceeded the amount paid. J argued that the sum payable meant a fair proportion and the objectives of the provision was to reimburse F for the actual cost not for profit. CA accepted J`s argument. Appeal dismissed with costs.
SERVICE CHARGES