Rentcharge
Rentcharge
- 2002
- Estates Gazette [2002] 15 EG 132 (CS) (6/4/02) .
"Orchard Trading Estate Management Ltd v Johnson Security Ltd", CA 26 March 2002. Respondent (J) owned and managed the common part of an industrial estate in Toddington, Gloucestershire. Appellant (O) was the freehold owner of one of the units of the estate. J was entitled to recover from the freeholder rates and service expenditure, but by virtue of the Rentcharges Act 1977 S2(3)(c) estate rentcharges were an exception to the prohibition on the creation of new rentcharges. J tried to recover certain sums under the rentcharge, O contended it was void because it failed to comply with S2(4)(b) 2(5) of the 1977 act. CA upheld hc's decision that S2(4)(6) and 2(5) had been satisfied, appeal dismissed. Full copy of judgement available on http://www.courtservice.gov.uk/View.do?id=1103&searchTerm=Orchard+Trading+Estate+Management&ascending=false&index=1&maxIndex=134.
ORCHARD TRADING ESTATE MANAGEMENT V JOHNSON SECURITY LTD
RENTCHARGE
RENTCHARGE ACT 1977 S2
ESTATE MANAGEMENT
"Orchard Trading Estate Management Ltd v Johnson Security Ltd", CA 26 March 2002. Respondent (J) owned and managed the common part of an industrial estate in Toddington, Gloucestershire. Appellant (O) was the freehold owner of one of the units of the estate. J was entitled to recover from the freeholder rates and service expenditure, but by virtue of the Rentcharges Act 1977 S2(3)(c) estate rentcharges were an exception to the prohibition on the creation of new rentcharges. J tried to recover certain sums under the rentcharge, O contended it was void because it failed to comply with S2(4)(b) 2(5) of the 1977 act. CA upheld hc's decision that S2(4)(6) and 2(5) had been satisfied, appeal dismissed. Full copy of judgement available on http://www.courtservice.gov.uk/View.do?id=1103&searchTerm=Orchard+Trading+Estate+Management&ascending=false&index=1&maxIndex=134.
ORCHARD TRADING ESTATE MANAGEMENT V JOHNSON SECURITY LTD
RENTCHARGE
RENTCHARGE ACT 1977 S2
ESTATE MANAGEMENT