Unchained Growth III plc and others v Granby Village (Manchester) Management Co Ltd; Granby Village (Manchester) Management Co Ltd v Unchained Growth III plc and others
Unchained Growth III plc and others v Granby Village (Manchester) Management Co Ltd; Granby Village (Manchester) Management Co Ltd v Unchained Growth III plc and others
- 2000
- Weekly Law Reports [2000] 1 WLR 739-749(11) .
CA 8 October 1999. Tenants granted long leases of residential flats which included covenants that the tenant would pay the maintenance charge due under them without deduction or set off. HC ruled in management company's (G) favour in its action brought against tenants for alleged underpayment of maintenance charges for 1996 and 1997. Tenants appealed on the ground that the restriction on the right of set-off imposed by the lease was subject to the requirement of reasonableness in Unfair Contract Terms Act 1977 s3. Appeal dismissed. Obligations to pay service charge are an integral part of lease and was therefore precluded from relying on any set-off as against the claim for unpaid service charges.
UNCHAINED GROWTH III PLC AND GRANBY VILLAGE (MANCHESTER) MANAGEMENT CO LTD
GRANBY VILLAGE (MANCHESTER) MANAGEMENT CO LTD V UNCHAINED GROWTH III PLC
UNFAIR CONTRACT TERMS ACT 1977 S3
MAINTENANCE CHARGES
SET OFF
CA 8 October 1999. Tenants granted long leases of residential flats which included covenants that the tenant would pay the maintenance charge due under them without deduction or set off. HC ruled in management company's (G) favour in its action brought against tenants for alleged underpayment of maintenance charges for 1996 and 1997. Tenants appealed on the ground that the restriction on the right of set-off imposed by the lease was subject to the requirement of reasonableness in Unfair Contract Terms Act 1977 s3. Appeal dismissed. Obligations to pay service charge are an integral part of lease and was therefore precluded from relying on any set-off as against the claim for unpaid service charges.
UNCHAINED GROWTH III PLC AND GRANBY VILLAGE (MANCHESTER) MANAGEMENT CO LTD
GRANBY VILLAGE (MANCHESTER) MANAGEMENT CO LTD V UNCHAINED GROWTH III PLC
UNFAIR CONTRACT TERMS ACT 1977 S3
MAINTENANCE CHARGES
SET OFF