Houseowners around a square had variously enfranchised their properties, but were now in dispute as to the management of the communal garden.
Held: Though the company was unable to recover the legal costs in the absence of an express power, they had otherwise acted properly.
Mr Justice Collins
[2003] EWHC 3173 (Ch)
Bailii
Landlord and Tenant Act 1985 20C(3)
England and Wales
Citing:
Cited – Ashbury Railway Carriage and Iron Co v Riche HL 1875
A company created under the Act is not created a corporation with inherent common law rights. The memorandum was the company’s charter which could not be departed from save so far as permitted by s12. A contract made by the directors upon a matter . .
Cited – Rhyl Urban District Council v Rhyl Amusements Ltd 1959
The tenant said that the landlord local authority had accepted his surrender of his lease by granting a new one, but the new lease was void as ultra vires.
Held: Not even the surrender of their old lease on the promise to grant the new one . .
Cited – Sella House Ltd v Mears 1989
The lease service charge provision, included the following costs: ‘to employ . . professional persons as may be necessary or desirable for the proper . . administration of the Building’.
Held: Those words did not include the costs of . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 13 December 2021; Ref: scu.191200
