000 01995cab a2200277 4500
001 ##L132921
008 060323n2006 000 0 eng u
035 _a(Sirsi) u132921
041 0 _aeng
245 0 0 _aContinental Property Ventures Inc v White and another
260 _c2006
520 _a[2006] EWLands LRX 60 2005, 15 February 2006. Considers whether costs incurred by a landlord for breaching a repairing covenant resulting in further disrepair which were imposed as a service charge on the tenants, were costs reasonably incurred under the Landlord and Tenant Act 1985 s19(1)(a). Appeal by C against the LVT decision that C was not entitled to damp proofing and redecoration costs in the form of a service charge to be paid by W. C argued that the test of reasonableness in s19(1)(a) of the 1985 Act was wrongly interpreted by the LVT as encompassing both the costs actually incurred and the circumstances in which they were incurred, including past disrepair. "Held": appeal dismissed. Costs incurred by a landlord for repairs that have worsened because of the landlord's neglect then passed onto tenants as a service charge, could not be accepted as reasonably incurred. The tenant had therefore a defence to their recovery.
590 _aIKA280206
650 2 4 _aLANDLORD AND TENANT ACT 1985 S19(1)(A)
650 2 4 _aLANDLORD AND TENANT ACT 1985 S27A
650 2 4 _aAYLESBOND ESTATES LTD V MACMILLAN AND OTHERS
650 2 4 _aCANARY RIVERSIDE PTE V SCHILLING
650 2 4 _aFILROSS SECURITIES LTD V MIDGELEY
650 2 4 _aHANAK V GREEN
650 2 4 _aLORIA V HAMMER
650 2 4 _aWANDSWORTH LBC V GRIFFIN AND ANOTHER
650 2 4 _aCONTINENTAL PROPERTY VENTURES INC V WHITE AND ANOTHER
690 _aPROPERTY-RESIDENTIAL PROPERTY-LEASEHOLD RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL SERVICE CHARGES
856 4 0 _uhttps://www.bailii.org/ew/cases/EWLands/2006/LRX_60_2005.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c76692
_d76692