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Blowing the recovery

By: Language: English Series: Property Week ; 73(34) 22 August 2008, 53(1)Publication details: 2008Subject(s): Summary: Discusses the case of Leonora Investment Company Ltd v Mott McDonald [2008] EWCA Civ 857, 23 July 2008, (see L145457). The case turned on whether a commercial landlord could claim the cost of improvement works as a service charge where there had been a failure to comply with the procedure set out in the service charge clause in the lease. The appeal was dismissed. The case is a timely reminder to landlords that they must follow all procedural requirements strictly in recovering service charges in the lease, otherwise recovery may not be possible.
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Journal article London Journal article L145562 (Browse shelf(Opens below)) 1 Available 145562-1001

Discusses the case of Leonora Investment Company Ltd v Mott McDonald [2008] EWCA Civ 857, 23 July 2008, (see L145457). The case turned on whether a commercial landlord could claim the cost of improvement works as a service charge where there had been a failure to comply with the procedure set out in the service charge clause in the lease. The appeal was dismissed. The case is a timely reminder to landlords that they must follow all procedural requirements strictly in recovering service charges in the lease, otherwise recovery may not be possible.