000			01854cab a2200205 4500
001			##L131743
008			051205n2005 000 0 eng u
035			_a(Sirsi) u131743
041	0		_aeng
245			_aStaghold Ltd v Takeda and another
260			_c2005
490			_aEstates Gazette _v[2005] 47 EG 146-152(7)
520			_aCentral London County Court, 8 August 2005. Considers whether the Commonhold and Leasehold Act 2002 Sched 12 precluded a landlord from recovering the legal costs of successful proceedings before the Leasehold Valuation Tribunal (LVT) from its tenants by way of service charge. The defendant tenants (T) had brought proceedings in the LVT seeking to challenge the service charges levied by claimant landlord (S) for the years 1997-2003. The LVT dismissed all but one of the challenges and refused to make an order under the Landlord and Tenant Act 1985 s20C preventing S from recovering from the tenants the legal costs for the LVT hearing as service charges. T denied on the proper construction of the lease and by virtue of the 2002 Act Sched 12 para 10(4) that they should pay their share of S's costs. "Held": judgment for S. On the proper construction of the provisions of the lease, legal costs incurred by S in defending the LVT applications were recoverable under the lease. Where the LVT had already refused to make an order under s20(C) of the 1985 Act, para 10(4) of Sched 12 to the 2002 Act did not preclude the recovery of legal costs by a landlord as part of the service charges.
590			_aIKA061205
650	2	4	_aSTAGHOLD V TAKEDA
650	2	4	_aLANDLORD AND TENANT ACT 1985 S20C
650	2	4	_aCOMMONHOLD AND LEASEHOLD ACT 2002 SCHED 12 PARA 10(4)
690			_aPROPERTY-RESIDENTIAL PROPERTY-LEASEHOLD RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL SERVICE CHARGES
942			_n0
999			_c76266 _d76266