69 Marina, St Leonards-On-Sea, Freeholders of v Oram and Another: CA 8 Nov 2011

The parties disputed the liability on lessees to contribute to a service charge for maintenance of common parts of the building. The six tenants covenanted to pay a proper proportion of the landlord’s costs of meeting his repair obligations. The landlord executed repair after a water leak. Two tenants argued that the cost was too high, and that there had been insuffficient consultation. The landlord applied to the tribunal, which dispensed with the consultation requirements, and divided the entire cost pro rata by the rating values. The tenants did not pay, and the landlord took proceedings in the County Court from which they now appealed. The landlord was seeking the costs of his application to the LVT, which were not recoverable there.
Held: The costs of preparing the application were recoverable under the lease, and were payable by the tenants whose actions had required the reference.
Sir Andrew Morritt, Hooper, Rafferty LJJ
[2011] EWCA Civ 1258
Landlord and Tenant Act 1985 18, Law of Property Act 1925 146, Housing Act 1996 81(1), Commonhold and Leasehold Reform Act 2002 168
England and Wales

Updated: 18 March 2021; Ref: scu.448130