T appealed against a decision upholding the claim of the respondent landlord S for unpaid service charges.
Held: The real issue was whether the money held by the landlord (whether held in reserve or retained as excess) was held to its own account or to the account of the tenant. The case of Possfund was an interpretation of a particular lease, not a statement of law.
Judges:
May LJ, Lomgmore LJ, Smith LJ
Citations:
[2007] EWCA Civ 164
Links:
Jurisdiction:
England and Wales
Citing:
Distinguished – Secretary of State for the Environment v Possfund (North West) Ltd and others ChD 1997
The lease required T to pay a depreciation allowance toward the cost of maintaining and replacing fixtures and fittings, including the air conditioning. An unspent balance had accumulated when the lease came to an end. The reversion was sold and T . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 10 July 2022; Ref: scu.249370