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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.
Holdings
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.