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Alton House Holdings Ltd v Calflane (Management) Ltd

Language: English Series: Estates Gazette ; 283(6348) 22 August 1987, 844-846(2)Publication details: 1987Subject(s): Summary: ChD 4 March 1987 Counterclaim by a maintenance company in an action for an account of rent s by the freehold owners, landlords of a block of flats . Question raised by the counterclaim was whether the maintenance company was entitled to reimbursement by the landlords of part of the cost of repairs . The block consisted of flats and penthouses let on long leases which contained covenants by the tenants to pay, in addition to rent and rates, a contribution to the maintenance company. These contributions went into the trust fund which the company applied, in accordance with a schedule in the lease , in keeping the interior and exterior walls and ceilings and floors of the building and the whole of the structure, foundations and boundary walls and fences in repair. There were no repairing obligations, express or implied, on the landlords. The obligation on the maintenance company was not a repairing covenant as such, but an obligation to apply the trust fund for the specified purposes, w
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Law report London Journal article ABS38084 (Browse shelf(Opens below)) 1 Available 8636-1001

ChD 4 March 1987 Counterclaim by a maintenance company in an action for an account of rent s by the freehold owners, landlords of a block of flats . Question raised by the counterclaim was whether the maintenance company was entitled to reimbursement by the landlords of part of the cost of repairs . The block consisted of flats and penthouses let on long leases which contained covenants by the tenants to pay, in addition to rent and rates, a contribution to the maintenance company. These contributions went into the trust fund which the company applied, in accordance with a schedule in the lease , in keeping the interior and exterior walls and ceilings and floors of the building and the whole of the structure, foundations and boundary walls and fences in repair. There were no repairing obligations, express or implied, on the landlords. The obligation on the maintenance company was not a repairing covenant as such, but an obligation to apply the trust fund for the specified purposes, w