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 counsel and solicitors’ in recovering service charges. The court would require to see a clause in clear and unambiguous terms before a tenant would be held liable to pay as part of a service charge the landlord’s legal costs of suing his co-tenants for recovery of service charges.
Judges:
Taylor LJ
Citations:
[1989] 1 EGLR 65
Jurisdiction:
England and Wales
Cited by:
Cited – Malone, Malone, Goldstein v Bircham and Co Nominees (No 2) Ltd, Stowell, Visortuning Ltd ChD 19-Dec-2003
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, . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 06 May 2022; Ref: scu.191987
