The tenant sought leave to appeal. Her landlord sought to recover a service charge. She said that under the lease the only element recoverable was in respect of the parts used by the flat in common with other flats in the building. As a basement with her own access she had no benefit from the sums paid to service other parts of the building.
Held: The test according to the words of the lease was as to what common parts she was entitled to use. The lease granted a right to the other parts but also restricted that right. The tenant had an arguable case, and the appeal should proceed.
Judges:
Chadwick LJ
Citations:
[1999] EWCA Civ 2065
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Billson v Tristem ChD 1999
. .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 31 May 2022; Ref: scu.146980
