Leonora Investment Company Ltd v Mott Macdonald Ltd [2008] EWCA Civ 857 (23 July 2008)

Leonora Investment Company Ltd v Mott Macdonald Ltd [2008] EWCA Civ 857 (23 July 2008)

The landlord was not entitled to payment of the service charge invoice because it had not followed the contractual procedure in paragraph 3 of the schedule, which required provision of a statement of actual service costs to the tenant before any obligation to pay arose.

Citation
[2008] EWCA Civ 857
Parties
Appellant/claimant: Leonora Investment Company Limited; Respondent/defendant: Mott MacDonald Limited
Jurisdiction
England and Wales
Judgment Date
23 July 2008
Procedural Posture
Appeal From Queen's Bench Division (high Court) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Service Charges, Lease Construction, Conditions Precedent, Commercial Leases
Landlord and Tenant Contract Law Service Charges Lease Construction Conditions Precedent Commercial Leases

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Leonora Investment Company Limited

Appellant/claimant

Mott MacDonald Limited

Respondent/defendant

Procedural Posture

Appeal From Queen's Bench Division (high Court) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the landlord was entitled to recover service charges by invoice without following the procedure set out in the lease for provision of a statement under paragraph 3 of the schedule.
  2. 2 Whether the lease required strict compliance with the service charge procedure as a condition to the tenant's liability.

Ratio Decidendi

The landlord was not entitled to payment of the service charge invoice because it had not followed the contractual procedure in paragraph 3 of the schedule, which required provision of a statement of actual service costs to the tenant before any obligation to pay arose.

Court Disposition

Appeal dismissed

Orders

  • The appeal by the landlord is dismissed.