Leonora Investment Company Ltd v Mott McDonald [electronic resource]
Leonora Investment Company Ltd v Mott McDonald [electronic resource]
- 2008
[2008] EWCA Civ 857, 23 July 2008. The case is a timely reminder to landlords that they must follow all procedural requirements strictly in recovering service charges in the lease, otherwise recovery may not be possible. A commercial landlord failed to warn its tenant about a service charge to be made for work to the common parts of the building. The tenant refused to pay the bill because it said that the terms of the lease covering notices about service charges had been broken. The landlord had failed to include any notice in the end-of-year statement or service charge estimates, but did eventually submit an invoice. Held: appeal dismissed. The Court of Appeal agreed with the High Court that the lease terms had been broken because the landlord had not followed the procedure laid down in the lease. However, the landlord is free to submit a revised statement of works to be done.
LEONORA V MOTT MACDONALD
England and Wales--1543-
[2008] EWCA Civ 857, 23 July 2008. The case is a timely reminder to landlords that they must follow all procedural requirements strictly in recovering service charges in the lease, otherwise recovery may not be possible. A commercial landlord failed to warn its tenant about a service charge to be made for work to the common parts of the building. The tenant refused to pay the bill because it said that the terms of the lease covering notices about service charges had been broken. The landlord had failed to include any notice in the end-of-year statement or service charge estimates, but did eventually submit an invoice. Held: appeal dismissed. The Court of Appeal agreed with the High Court that the lease terms had been broken because the landlord had not followed the procedure laid down in the lease. However, the landlord is free to submit a revised statement of works to be done.
LEONORA V MOTT MACDONALD
England and Wales--1543-