000			02294cam a2200277 4500
001			ABS66455
008			030304n2003 000 0 eng u
035			_a(Sirsi) u121508
245			_aSt Mary's Mansions Ltd v Limegate Investment Co Ltd and others
260			_c2003
490			_aEstates Gazette _v[2003] 05 EG 146-152(7)
490			_aCommercial Leases _v17(2) February 2003. 709-712(4)
520			_a[2003] EWCA Civ 1491. Respondent (S) was granted an overriding headlease for the purpose of managing a block of flats, 41 of which were held under intermediate leases by the second respondent (L). L was liable to S for service charges and ground rents but did not have to pay service charges for any expenditure which was not reserved by or required to be paid by the sublessees. In the County Court, following a dispute over the service charges payable by at least 29 sublessees, S claimed arrears of service charge against L. L joined the appellant sublessee(s) (X) as CPR Part 20 defendants. County Court judgment held S to be entitled: (1) to apply any year-end surplus to the reserve fund and not repay or credit the occupational lessees; (2) to receive interest from ground rent or service charge late payment; and (3) to recover legal costs incurred in current or past proceedings to recover service charges and ground rent. X appealed and S cross-appealed. "Held", appeal was allowed in part in respect of (1), dismissed in respect of (2) and allowed in respect of (3), the cross-appeal being dismissed: (1) S was entitled to apply a year-end service charge surplus to the reserve fund only in accordance with the terms of the lease and only a fair and reasonable part of the duly certificated expenses and outgoings; (2) S was entitled to be paid as rent, interest on late payment of ground rents and service charges; (3) S's legal costs were irrecoverable as service charges.
590			_aABS
650			_aSERVICE CHARGES
650			_aGROUND RENTS
650			_aLATE PAYMENTS
650			_aRESERVE FUNDS
650			_aSINKING FUNDS
650			_aEXPENSES
650			_aCIVIL PROCEDURE RULES PART 20
650			_aLANDLORD AND TENANT ACT 1987 S42
650			_aCERTIFICATION
690			_aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
942			_n0
999			_c72213 _d72213