Canary Riverside Development Pte Limited and others v Dr Christopher John Schilling and Mrs Joan M. Schilling and others (Record no. 77783)

MARC details
000 -LEADER
fixed length control field 02319cab a2200217 4500
001 - CONTROL NUMBER
control field ##L135107
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060925n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u135107
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Canary Riverside Development Pte Limited and others v Dr Christopher John Schilling and Mrs Joan M. Schilling and others
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. LT (LRX/65/2005), 16 December 2005. Concerns whether the procedural requirements of an underlease had been complied with by a landlord seeking to recover as part of its service charge its costs of resisting an application by a tenant under the Landlord and Tenant Act 1987 s34. Appeal by C against a LVT decision that an item claimed as a service charge was not payable by S. S's application to the tribunal for the appointment of a manager under s34 of the Act was dismissed and C claimed the costs of resisting the application as part of its service charge. The LVT held that: C had not established a contractual entitlement to be paid service charges including the costs in question; recovery was barred under the Commonhold and Leasehold Reform Act 2002 Sched 12 para 10(4), and that the lease provisions relied on by C were unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999."Held": appeal dismissed. C had not complied with the procedural requirements of S's underlease when seeking to recover the costs of resisting an application under s34 of the 1987 Act. S had covenanted in their underlease to pay the building service charge percentage of the estimated building expenditure. Where there was a revision of that figure the tenant had to be notified in writing. S had only received a demand for a percentage of the costs of resisting their application.
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CANARY RIVERSIDE PTE V SCHILLING
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element UNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS 1999
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LANDLORD AND TENANT ACT 1987 S24
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COMMONHOLD AND LEASEHOLD REFORM ACT 2002 SCHED 12 PARA 10(4)
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-RESIDENTIAL PROPERTY-LEASEHOLD RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL SERVICE CHARGES
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.landstribunal.gov.uk/aspx/view.aspx?id=340">https://www.landstribunal.gov.uk/aspx/view.aspx?id=340</a>
Public note View the judgment free of charge at www.landstribunal.gov.uk...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
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    Dewey Decimal Classification     Virtual Virtual Online 25/09/2006   ONLINE PUBLICATION 135107-2001 06/08/2019 1 06/08/2019 Law report