000 01866cam a2200217 4500
001 ABS65561
008 020610n2002 000 0 eng u
035 _a(Sirsi) u118345
245 _aOrchard Trading Estate Management Ltd v Johnson Security Ltd
260 _c2002
490 _aEstates Gazette
_v[2002] 18 EG 155-159(5)
520 _aCA 26 March 2002. Claimant (O) had been formed to administer the estate and provide certain services to unit owners for a service charge in the form of a nominal and a variable rentcharge under a deed. O had to pay for alternative disposal after a breakdown of the sewerage system and sought to recover expenses under the rentcharge provisions. Defendant (J), a unit owner, pleaded inter alia that the rentcharge purportedly created under the deed was void by reason of the Rentcharges Act 1977 s2J appealed against the judge's striking out of the pleadings, contending that the payment of rates in respect of such areas as sewerage works would be of benefit to the unit owners and there was no limit of reasonableness as to the level of charge. "Held" appeal dismissed. Payment of rates in respect of such areas would be for the benefit of the unit owners and were within s2(4b) of the 1977 Act. Further that the absence of an express limitation of reasonableness cannot render the rentcharge void. Full judgement available on Court Service website http:////www.courtservice.gov.uk/View.do?id=1103&searchTerm=Orchard&ascending=false&index=0&maxIndex=1
590 _aABS
650 _aRENTCHARGES
650 _aRENTCHARGES ACT 1977 S2
650 _aSERVICE CHARGES
650 _aORCHARD TRADING ESTATE MANAGEMENT V JOHNSON SECURITY LTD
690 _aPROPERTY AND LAND LAW-CASE LAW
856 _uhttps://www.courtservice.gov.uk/View.do?id=1103&searchTerm=Orchard&ascending=false&index=0&maxIndex=1
942 _n0
999 _c70441
_d70441