Stapel and others v Bellshore Property Investments Ltd
Series: Estates Gazette ; [2001] 20 EG 231-236(6)Publication details: 2001Subject(s): Summary: ChD 27 February 2001. Claimants S held leases of flats 1, 2, 3, 4 and 6, subject to service charge provisions, in a building containing nine flats held by the defendant B. The building had originally been two separate buildings, and flats 1 to 6 had different street access from the other flats. Under the service charge provisions of S's lease, the proportion of repair and other costs for 'the building' was one-sixth for four of the leases and one-quarter for the fifth, meaning S paid a disproportionate 91.67% of the total costs. S issued proceedings seeking declarations as to the meaning of various leases, and it was held that 'the building' only referred to the part of the building containing flats 1 to 6, and did not include the part containing flats 7 to 9. B appealed. Appeal was dismissed on the grounds that the wording in the leases did not make it clear that S was liable to pay a proportion of the costs of the whole building.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS64014 (Browse shelf(Opens below)) | 1 | Available | 112820-1001 |
ChD 27 February 2001. Claimants S held leases of flats 1, 2, 3, 4 and 6, subject to service charge provisions, in a building containing nine flats held by the defendant B. The building had originally been two separate buildings, and flats 1 to 6 had different street access from the other flats. Under the service charge provisions of S's lease, the proportion of repair and other costs for 'the building' was one-sixth for four of the leases and one-quarter for the fifth, meaning S paid a disproportionate 91.67% of the total costs. S issued proceedings seeking declarations as to the meaning of various leases, and it was held that 'the building' only referred to the part of the building containing flats 1 to 6, and did not include the part containing flats 7 to 9. B appealed. Appeal was dismissed on the grounds that the wording in the leases did not make it clear that S was liable to pay a proportion of the costs of the whole building.