Oakfern Properties Ltd v Desmond Ruddy (Record no. 78230)

MARC details
000 -LEADER
fixed length control field 02262cab a2200265 4500
001 - CONTROL NUMBER
control field L136283
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 070123n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u136283
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Oakfern Properties Ltd v Desmond Ruddy
Medium [online publication]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWCA Civ 1389, 25 October 2006. The appellant freeholder appealed against a decision of the Lands Tribunal in finding preliminary issues relating to service charges and jurisdiction in favour of the respondent subtenant . The appellant owned the head-lease of 24 separate residential flats and a property management company was the tenant. The respondent was a subtenant of one of the flats. The subtenants were obliged to pay maintenance charges to the property management company , which had been levied on the property management company by the freeholder. The respondent sought to challenge the maintenance charge by relying on the Landlord and Tenant Act 1985 on the basis that it was a "service charge" and was unreasonable in amount. Preliminary issues had been determined by the leasehold valuation tribunal in the respondent's favour. The appellant submitted that it could not have been Parliament's intention that a mesne landlord, such as the property management company, should be able to take advantage of the service charge provisions of the 1985 Act. "Held": appeal dismissed. S 38 of the 1985 Act, which defined "dwelling", did not require that the tenant had to be in occupation of the dwelling, therefore it could include a tenant who had sublet. The property management company was a tenant of a building comprising a number of dwellings but was not a tenant of a building occupied as a separate dwelling.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RENT ACT 1968
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RENT ACT 1977
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING FINANCE ACT 1972
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HORFORD INVESTMENTS LTD V LAMBERT
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LANDLORD AND TENANT ACT 1985
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LANDLORD AND TENANT ACT 1985 S18
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HERON MAPLE HOUSE LTD V CENTRAL ESTATES LTD
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name LONDON
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-LANDLORD AND TENANT
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2006/1389.html">https://www.bailii.org/ew/cases/EWCA/Civ/2006/1389.html</a>
Public note View the item free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0

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