Philipp Stampfer v Avon Ground Rents Ltd

Philipp Stampfer v Avon Ground Rents Ltd

The preparation and service of a section 166 notice is not the same as collecting rent; it is a prerequisite step, not part of the collection process. The lease does not expressly or impliedly permit the landlord to charge a fee for serving section 166 notices as part of 'attending to the collection of rents.'

Parties
Applicant/respondent to Appeal: Philipp Stampfer; Respondent/appellant: Avon Ground Rents Ltd
Jurisdiction
England and Wales
Judgment Date
24 October 2022
Procedural Posture
Civil Appeal / Second Appeal From Upper Tribunal (lands Chamber) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Ground Rent Collection, Lease Interpretation, Administration Charges, Section 166 Notices, Service Charges
Landlord and Tenant Law Contract Law Ground Rent Collection Lease Interpretation Administration Charges Section 166 Notices Service Charges

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Parties

Philipp Stampfer

Applicant/respondent to Appeal

Avon Ground Rents Ltd

Respondent/appellant

Procedural Posture

Civil Appeal / Second Appeal From Upper Tribunal (lands Chamber) to Court of Appeal

Legal Issues

  1. 1 Whether a landlord can charge a fee for serving a section 166 notice under the lease as part of 'attending to the collection of rents'
  2. 2 Proper construction of lease provisions regarding deemed landlord's expenses

Ratio Decidendi

The preparation and service of a section 166 notice is not the same as collecting rent; it is a prerequisite step, not part of the collection process. The lease does not expressly or impliedly permit the landlord to charge a fee for serving section 166 notices as part of 'attending to the collection of rents.'

Court Disposition

Appeal dismissed

Orders

  • The appeal by Avon Ground Rents Ltd is dismissed.