Evans v Clayhope Properties Ltd
Language: English Series: Weekly Law Reports ; (1987) 1 WLR 225-231(7)Publication details: 1987Subject(s): Summary: ChD 3 November 1986. The defendant was the landlord of a block of twenty flats which was in a poor state of repair. Fourteen of the flats were let on long leases under which the tenants had to pay a service charge equal to one twentieth of the cost to the landlord of complying with the covenants to repair the main structure and decorate the common parts. This charge was not payable until the cost had been incurred. A statutory tenant of one of these flats brought an action on behalf of all the tenants claiming specific performance of the landlord`s covenants . During this action the court appointed a receiver and manager to receive the rents and carry out repairs , but the receiver`s expenses exceeded the monies he was appointed to receive. He applied to the ChD for directions as to whether he could recover these expenses from the landlord. Held, refusing the application, that receivers were officers of the court and "must look for their indemnity to the assets which are under the co| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS37416 (Browse shelf(Opens below)) | 1 | Available | 4271-1001 |
ChD 3 November 1986. The defendant was the landlord of a block of twenty flats which was in a poor state of repair. Fourteen of the flats were let on long leases under which the tenants had to pay a service charge equal to one twentieth of the cost to the landlord of complying with the covenants to repair the main structure and decorate the common parts. This charge was not payable until the cost had been incurred. A statutory tenant of one of these flats brought an action on behalf of all the tenants claiming specific performance of the landlord`s covenants . During this action the court appointed a receiver and manager to receive the rents and carry out repairs , but the receiver`s expenses exceeded the monies he was appointed to receive. He applied to the ChD for directions as to whether he could recover these expenses from the landlord. Held, refusing the application, that receivers were officers of the court and "must look for their indemnity to the assets which are under the co