000			02047cam a2200205 4500
001			L137176
008			070320s2007 xxk f 000 0 eng d
035			_a(Sirsi) u137176
041	0		_aeng
245	0	0	_aBrown's Operating System Services Limited v Southwark Roman Catholic Diocesan Corporation _h[electronic resource]
260			_c2007
520			_a[2007] EWCA Civ 164, 01 March 2007. The appellant tenant appealed against a decision upholding the claim of the respondent landlord for unpaid service charges. The landlord's policy in relation to the service charge was to build up a surplus to cover future expenditure by retaining the excess of the service charges paid by tenants over the amount actually spent. When the surplus reached a substantial sum the tenant refused to pay the last two quarters' service charge on the basis that the surplus held by the landlord more than covered those two quarters. The landlord sued and the judge held that the surplus was a reserve fund that had been built up for the benefit of the building and that the landlord was entitled to retain it at the end of the lease. The tenant submitted that the definition of the "total service cost" in the lease was such that it did not cover the making of any provision for future costs. ?Held?: the terms of the lease did allow the landlord to include in the total service cost a sum as reasonable provision for expenditure likely to be incurred, however, that provision could only extend to expenditure likely to be incurred during the currency of the lease. The lease did not provide for the creation of a reserve fund.
590			_aKA
650	2	4	_aBROWN'S OPERATING SYSTEM SERVICES LTD V SOUTHWARK ROMAN CATHOLIC DIOCESAN CORPORATION
650	2	4	_aSECRETARY OF STATE FOR THE ENVIRONMENT V POSSFUND
651		4	_aLONDON
690			_aPROPERTY-COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-COMMERCIAL LEASES
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2007/164.htm _zView the item free of charge at www.bailii.org...
942			_n0
999			_c106675 _d106675