Ashley Gardens Freeholds Ltd v Cole [electronic resource]
Ashley Gardens Freeholds Ltd v Cole [electronic resource]
- 2008
LRX/130/2006, 5 November 2007. Considers works which may be levied upon a tenant's service charge account by a landlord. The landlord company (A) appealed against a decision that it was unable to make charges in respect of preparatory work for painting to the tenant (C) by applying them to his service charge account. A clause in A's contract permitted such charges for repair, but C had argued that the works were not for the purposes of repair but rather for decoration, which was already covenanted for. "Held": The clause enabled A to charge for repair works. This was enabled by the Landlord and Tenant Act 1985 as well as by another clause within the lease. Although the works included repair and not simply preparation and painting, A was still able to charge this as it was work for the proper maintenance of the buildings, as permitted by the lease. Appeal allowed.
ASHLEY GARDENS FREEHOLDS LTD V COLE
LANDLORD AND TENANT ACT 1985
England and Wales--1543-
LRX/130/2006, 5 November 2007. Considers works which may be levied upon a tenant's service charge account by a landlord. The landlord company (A) appealed against a decision that it was unable to make charges in respect of preparatory work for painting to the tenant (C) by applying them to his service charge account. A clause in A's contract permitted such charges for repair, but C had argued that the works were not for the purposes of repair but rather for decoration, which was already covenanted for. "Held": The clause enabled A to charge for repair works. This was enabled by the Landlord and Tenant Act 1985 as well as by another clause within the lease. Although the works included repair and not simply preparation and painting, A was still able to charge this as it was work for the proper maintenance of the buildings, as permitted by the lease. Appeal allowed.
ASHLEY GARDENS FREEHOLDS LTD V COLE
LANDLORD AND TENANT ACT 1985
England and Wales--1543-