Investment and Freehold English Estates Ltd v Casement
Investment and Freehold English Estates Ltd v Casement
- 1988
- Estates Gazette (8815) 16 April 1988, 99-105(4) .
CA 12 February 1988 A lease made in 1972 was a long lease at low rent. Other provisions included service charge for cleaning and maintenance which, added to the ground rent would not exceed two thirds rateable value. There was also an agreement that if the Leasehold Reform Act 1967 was amended to the effect that service charges would not be taken into account to prevent the charging of a premium on the grant or assignment of the tenancy, the lessor would be at liberty to demand full contribution to the service charges. These provisions seemed to indicate that the parties were unaware of Housing Act 1969 s80 which requires sums payable inter alia for services to be disregarded in determining whether a tenancy was a tenancy at a low rent for the purposes of the Rent Acts . The lessors sought a declaration that they were entitled to demand full contribution from the lessee towards money spent on services and repairs as set out in the lease. The lessee appealed on the basis that the Leas
CA 12 February 1988 A lease made in 1972 was a long lease at low rent. Other provisions included service charge for cleaning and maintenance which, added to the ground rent would not exceed two thirds rateable value. There was also an agreement that if the Leasehold Reform Act 1967 was amended to the effect that service charges would not be taken into account to prevent the charging of a premium on the grant or assignment of the tenancy, the lessor would be at liberty to demand full contribution to the service charges. These provisions seemed to indicate that the parties were unaware of Housing Act 1969 s80 which requires sums payable inter alia for services to be disregarded in determining whether a tenancy was a tenancy at a low rent for the purposes of the Rent Acts . The lessors sought a declaration that they were entitled to demand full contribution from the lessee towards money spent on services and repairs as set out in the lease. The lessee appealed on the basis that the Leas