Land at Wembley stadium had been sold to the defendants and leased back. The defendant assigned the freehold within the group, declaring that the lease was held in trust for the original freeholder. The claimant now said that the defendant assignee was not entitled to claim the service charge.
Held: There had been an estoppel by convention which entitled the landlord to claim payment of the service charges.
Judges:
Chancellor of the High Court
Citations:
[2007] EWHC 756 (Ch)
Links:
Statutes:
Landlord and Tenant (Covenants) Act 1995 3
Jurisdiction:
England and Wales
Citing:
Cited – Schalit v Joseph Nadler Ltd CA 1933
Mr Nadler was a lessee of property, part of which he sublet to the plaintiff. In 1931 he made a declaration of trust, under which he declared that the property was held in trust for his company, Joseph Nadler Ltd. Shortly after the company purported . .
Cited – A Property Company v HM Inspector of Taxes SCIT 5-Oct-2004
SCIT SCHEDULE A – income from land – whether agreements for lease gave rise to an immediate right to rent or whether the right was conditional on obtaining the landlord’s consent to subletting – whether the . .
Cited – Scribes West Ltd v Relsa Anstalt and others CA 20-Dec-2004
The claimant challenged the forfeiture of its lease by a freeholder which had acquired the registered freehold title but had not yet registered its ownership. The second defendant had forfeited the lease by peacable re-entry for arrears of rent, and . .
Cited – Cleve House Properties v Schildof 1980
. .
Cited – Capital and Counties Freehold Equity Trust Ltd v BL plc ChD 1987
The court construed the word ‘incurred’ in a lease to be synonymous with ‘expended’ or ‘become payable’. . .
Cited – The Earl Cadogan, Cadogan Estates Limited v 27/29 Sloane Gardens Limited, Wayil Mahdi LT 7-Apr-2006
LT Service Charges – Construction of Lease – Recovery of notional rent of Caretaker’s flat – Presumption against recovery of sums exceeding expenditure – Clear words needed. . .
Cited – Gilje and others v Charlgrove Securities Ltd CA 4-Oct-2001
The court was asked as to the liability of five underlessees to pay the rent for a caretaker employed by the landlord. The lease envisaged a caretaker living in the building. Previously the caretaker had been paid a larger wage but had then paid a . .
Cited – Plough Investments Ltd v Manchester City Council 1989
. .
Cited by:
Appeal from – Wembley National Stadium Ltd v Wembley (London) Ltd and others CA 29-Aug-2007
The court was asked whether the assignee of the reversion of the lease of Wembley stadium was entitled to demand payment of service charges.
Held: There was no basis for challenging the finding of an estoppel by convention, the tenant having . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 11 September 2022; Ref: scu.251171