Leonora Investment Company Ltd v Mott Macdonald Ltd

Leonora Investment Company Ltd v Mott Macdonald Ltd

The landlord was not entitled to payment of the invoice because it had not followed the procedure in paragraph 3 of Part 2 of the Schedule of Services, which required provision of a statement of service charge to trigger the obligation to pay.

Parties
Appellant/claimant: Leonora Investment Company Limited; Respondent/defendant: Mott MacDonald Limited
Jurisdiction
England and Wales
Judgment Date
23 July 2008
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Service Charges, Lease Construction, Procedural Requirements for Payment
Landlord and Tenant Contract Law Service Charges Lease Construction Procedural Requirements for Payment

Case Brief

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Parties

Leonora Investment Company Limited

Appellant/claimant

Mott MacDonald Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether the landlord was entitled to payment of the service charge invoice without following the procedure set out in paragraph 3 of Part 2 of the Schedule of Services in the lease

Ratio Decidendi

The landlord was not entitled to payment of the invoice because it had not followed the procedure in paragraph 3 of Part 2 of the Schedule of Services, which required provision of a statement of service charge to trigger the obligation to pay.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; judgment of High Court affirmed