Di Marco v Morshead Mansions Ltd [2013] EWHC 1068 (Ch) (30 April 2013)

Di Marco v Morshead Mansions Ltd [2013] EWHC 1068 (Ch) (30 April 2013)

Sections 21 and 22 of the Landlord and Tenant Act 1985 create duties enforceable by tenants through civil action for provision of information; the judge below erred in striking out those claims solely on the basis that no statutory cause of action existed. Previous tribunal and Court of Appeal decisions estop the appellant from relitigating certain service charge and consultation issues. The claim for a negative declaration regarding 2003 service charges is not purely academic and may proceed if properly pleaded. The court has no jurisdiction to appoint a manager under the 1987 Act; that power lies exclusively with the Tribunal.

Citation
[2013] EWHC 1068 (Ch)
Parties
Defendant/appellant: Leon Di Marco; Claimant/respondent: Morshead Mansions Limited
Jurisdiction
England and Wales
Judgment Date
30 April 2013
Procedural Posture
Appeal (chancery Division, High Court) / Judgment on Appeal From Order Striking Out Counterclaims
Outcome
Appeal allowed in part, dismissed in part.
Legal Topics
Service Charges, Articles of Association, Statutory Duties, Estoppel, Declaratory Relief, Appointment of Manager
Landlord and Tenant Company Law Civil Procedure Service Charges Articles of Association Statutory Duties Estoppel Declaratory Relief +1 more

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Parties

Leon Di Marco

Defendant/appellant

Morshead Mansions Limited

Claimant/respondent

Procedural Posture

Appeal (chancery Division, High Court) / Judgment on Appeal From Order Striking Out Counterclaims

Legal Issues

  1. 1 Whether sections 21 and 22 of the Landlord and Tenant Act 1985 create a statutory duty enforceable by civil action for provision of information to tenants
  2. 2 Whether previous tribunal and Court of Appeal decisions estop the appellant from raising certain service charge and consultation issues
  3. 3 Whether a claim for a negative declaration regarding 2003 service charges is academic or justiciable

Ratio Decidendi

Sections 21 and 22 of the Landlord and Tenant Act 1985 create duties enforceable by tenants through civil action for provision of information; the judge below erred in striking out those claims solely on the basis that no statutory cause of action existed. Previous tribunal and Court of Appeal decisions estop the appellant from relitigating certain service charge and consultation issues. The claim for a negative declaration regarding 2003 service charges is not purely academic and may proceed if properly pleaded. The court has no jurisdiction to appoint a manager under the 1987 Act; that power lies exclusively with the Tribunal.

Court Disposition

Appeal allowed in part, dismissed in part.

Orders

  • Claims for information under the 1985 Act reinstated; not struck out for lack of statutory cause of action.
  • Claim for negative declaration regarding 2003 service charges may proceed if properly pleaded.