Morgan and others v Stainer
Morgan and others v Stainer
- 1993
- Estates Gazette (1993) 33 EG 87-91(5) .
ChD 8 December 1992. M were 42 of the 50 tenants of suites in a building of which S was the landlord. Under the lease M covenanted to contribute a specified percentage of certain expenditure to the landlord paid half yearly in advance with balancing payments. It also contained a clause that each tenant was `to pay all legal and other costs that may be incurred by the landlord in obtaining the payment of maintenance contributions from any tenant in the building`. Proceedings commenced claiming certain head of relief from S in relation to service charges. S paid taxed costs to the solicitors acting for M in these proceedings and then sought to recover via the service charges the costs he had incurred including the costs to M`s solicitors. M contended that they should not be charged for this via the service charge. It was held that none of the costs incurred by M in connection with the proceedings were costs within the meaning of the lease. They were no costs incurred in obtaining the p
LEGAL COSTS
SERVICE CHARGES
ChD 8 December 1992. M were 42 of the 50 tenants of suites in a building of which S was the landlord. Under the lease M covenanted to contribute a specified percentage of certain expenditure to the landlord paid half yearly in advance with balancing payments. It also contained a clause that each tenant was `to pay all legal and other costs that may be incurred by the landlord in obtaining the payment of maintenance contributions from any tenant in the building`. Proceedings commenced claiming certain head of relief from S in relation to service charges. S paid taxed costs to the solicitors acting for M in these proceedings and then sought to recover via the service charges the costs he had incurred including the costs to M`s solicitors. M contended that they should not be charged for this via the service charge. It was held that none of the costs incurred by M in connection with the proceedings were costs within the meaning of the lease. They were no costs incurred in obtaining the p
LEGAL COSTS
SERVICE CHARGES