Continental Property Ventures Inc v White and another
Language: English Publication details: 2006Subject(s):- LANDLORD AND TENANT ACT 1985 S19(1)(A)
- LANDLORD AND TENANT ACT 1985 S27A
- AYLESBOND ESTATES LTD V MACMILLAN AND OTHERS
- CANARY RIVERSIDE PTE V SCHILLING
- FILROSS SECURITIES LTD V MIDGELEY
- HANAK V GREEN
- LORIA V HAMMER
- WANDSWORTH LBC V GRIFFIN AND ANOTHER
- CONTINENTAL PROPERTY VENTURES INC V WHITE AND ANOTHER
- PROPERTY-RESIDENTIAL PROPERTY-LEASEHOLD RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL SERVICE CHARGES
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 132921-2001 |
[2006] EWLands LRX 60 2005, 15 February 2006. Considers whether costs incurred by a landlord for breaching a repairing covenant resulting in further disrepair which were imposed as a service charge on the tenants, were costs reasonably incurred under the Landlord and Tenant Act 1985 s19(1)(a). Appeal by C against the LVT decision that C was not entitled to damp proofing and redecoration costs in the form of a service charge to be paid by W. C argued that the test of reasonableness in s19(1)(a) of the 1985 Act was wrongly interpreted by the LVT as encompassing both the costs actually incurred and the circumstances in which they were incurred, including past disrepair. "Held": appeal dismissed. Costs incurred by a landlord for repairs that have worsened because of the landlord's neglect then passed onto tenants as a service charge, could not be accepted as reasonably incurred. The tenant had therefore a defence to their recovery.