Cadogan & Anor v 27/29 Sloane Gardens Ltd & Anor [2006] EWCA Civ 1331 (26 September 2006)

Cadogan & Anor v 27/29 Sloane Gardens Ltd & Anor [2006] EWCA Civ 1331 (26 September 2006)

The underlease expressly provides for recovery by the headlessee from underlessees of an annual sum equivalent to the market rent of accommodation provided rent-free for the caretaker, and this is not inconsistent with the headlease. There is no serious prospect of success in arguing otherwise.

Citation
[2006] EWCA Civ 1331
Parties
Applicant/appellant: The Earl Cadogan; Applicant/appellant: Cadogan Estates Limited; Respondent/respondent: 27/29 Sloane Gardens Limited; Respondent/respondent: Wayil Mahdi
Jurisdiction
England and Wales
Judgment Date
26 September 2006
Procedural Posture
Appeal / Application for Permission to Appeal (renewal Hearing) From Lands Tribunal Decision
Outcome
Permission to appeal refused
Legal Topics
Service Charges, Lease Construction, Headlease and Underlease Interpretation
Property Law Landlord and Tenant Service Charges Lease Construction Headlease and Underlease Interpretation

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Parties

The Earl Cadogan

Applicant/appellant

Cadogan Estates Limited

Applicant/appellant

27/29 Sloane Gardens Limited

Respondent/respondent

Wayil Mahdi

Respondent/respondent

Procedural Posture

Appeal / Application for Permission to Appeal (renewal Hearing) From Lands Tribunal Decision

Legal Issues

  1. 1 Whether the headlessee can recover from underlessees the market rent of the caretaker's flat by way of service charge under the terms of the headlease and underlease
  2. 2 Whether such recovery is inconsistent with the obligation to provide the caretaker's flat rent-free under the headlease

Ratio Decidendi

The underlease expressly provides for recovery by the headlessee from underlessees of an annual sum equivalent to the market rent of accommodation provided rent-free for the caretaker, and this is not inconsistent with the headlease. There is no serious prospect of success in arguing otherwise.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal refused; no further orders made