Stampfer v Avon Ground Rents Ltd [2022] EWCA Civ 1375 (24 October 2022)

Stampfer v Avon Ground Rents Ltd [2022] EWCA Civ 1375 (24 October 2022)

Preparation and service of a s.166 notice is a prerequisite to rent becoming due, but is not itself the collection of rent. The lease does not expressly or by necessary implication permit charging a fee for serving s.166 notices as part of 'attending to the collection of rents'.

Citation
[2022] EWCA Civ 1375
Parties
Applicant/respondent to Appeal: Philipp Stampfer; Respondent/appellant: Avon Ground Rents Ltd
Jurisdiction
England and Wales
Judgment Date
24 October 2022
Procedural Posture
Appeal / Second Appeal From Upper Tribunal (lands Chamber)
Outcome
Appeal dismissed
Legal Topics
Ground Rent Collection Fees, Lease Interpretation, Administration Charges Under Commonhold and Leasehold Reform Act 2002
Landlord and Tenant Property Law Ground Rent Collection Fees Lease Interpretation Administration Charges Under Commonhold and Leasehold Reform Act 2002

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Parties

Philipp Stampfer

Applicant/respondent to Appeal

Avon Ground Rents Ltd

Respondent/appellant

Procedural Posture

Appeal / Second Appeal From Upper Tribunal (lands Chamber)

Legal Issues

  1. 1 Whether landlord can charge a fee for serving a s.166 notice under the lease as a 'Ground Rent Collection Fee'
  2. 2 Interpretation of lease provisions regarding collection of rents

Ratio Decidendi

Preparation and service of a s.166 notice is a prerequisite to rent becoming due, but is not itself the collection of rent. The lease does not expressly or by necessary implication permit charging a fee for serving s.166 notices as part of 'attending to the collection of rents'.

Court Disposition

Appeal dismissed

Orders

  • Avon Ground Rents Ltd may not charge a fee for serving s.166 notices under the lease as a Ground Rent Collection Fee