Phillips and others v Francis [electronic resource]
Language: English Subject(s): Online resources: Summary: [2014] EWCA Civ 1395, 31 October 2014. Lessors F appealed against HC decision [2012] EWHC 3650 (Ch), 21 Dec 2012 (L157608) regarding the calculation of management charges and lack of consultation for qualifying works under the Landlord and Tenant Act 1985 s20. "Held" appeal allowed in part. Qualifying works provisions limiting tenants contributions under s20 of the 1985 Act were not to be interpreted in such a way that landlords were required to consult tenants on any service charge however small once the limited for contributions had been reached even for emergency work would not be practical and could lead to administrative problems for landlord and tenant. Management charges are not recoverable under service charge provisions in the lease.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 158239-2001 |
[2014] EWCA Civ 1395, 31 October 2014. Lessors F appealed against HC decision [2012] EWHC 3650 (Ch), 21 Dec 2012 (L157608) regarding the calculation of management charges and lack of consultation for qualifying works under the Landlord and Tenant Act 1985 s20. "Held" appeal allowed in part. Qualifying works provisions limiting tenants contributions under s20 of the 1985 Act were not to be interpreted in such a way that landlords were required to consult tenants on any service charge however small once the limited for contributions had been reached even for emergency work would not be practical and could lead to administrative problems for landlord and tenant. Management charges are not recoverable under service charge provisions in the lease.