69 Marina, St Leonards-On-Sea, Freeholders of v Oram & Anor

69 Marina, St Leonards-On-Sea, Freeholders of v Oram & Anor

The Freeholders' costs incurred before the Leasehold Valuation Tribunal were recoverable from the Lessees under clause 3(12) of the lease as expenses incidental and preparatory to the service of a section 146 notice or notices and schedules relating to wants of repair, in addition to the Lessees' liability for their rateable proportion under clause 1(b). The enforcement of the Lessees' liability for the Freeholders' costs of repair as a service charge required both a tribunal determination and a section 146 notice. The fact that the claim under clause 3(12) was not pleaded did not prejudice the Lessees, as the issue was fully argued and determined in the courts below.

Parties
Claimants / Respondents: Freeholders of 69 Marina, St Leonards-on-Sea - Robinson, Simpson & Palmer; Defendant / Appellant: John Oram; Defendant / Appellant: Mohammed Ghoorun
Jurisdiction
England and Wales
Judgment Date
08 November 2011
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Service Charges, Leasehold Covenants, Costs Recovery, Forfeiture, Section 146 Notices
Landlord and Tenant Law Property Law Service Charges Leasehold Covenants Costs Recovery Forfeiture Section 146 Notices

Case Brief

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Parties

Freeholders of 69 Marina, St Leonards-on-Sea - Robinson, Simpson & Palmer

Claimants / Respondents

John Oram

Defendant / Appellant

Mohammed Ghoorun

Defendant / Appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the Freeholders are entitled to recover the full costs incurred before the Leasehold Valuation Tribunal from the Lessees under clause 3(12) of the lease, in addition to their rateable proportion under clause 1(b)
  2. 2 Whether the costs incurred before the Tribunal are incidental to the preparation and service of a section 146 notice or notices and schedules relating to wants of repair
  3. 3 Whether the claim for costs under clause 3(12) was properly pleaded

Ratio Decidendi

The Freeholders' costs incurred before the Leasehold Valuation Tribunal were recoverable from the Lessees under clause 3(12) of the lease as expenses incidental and preparatory to the service of a section 146 notice or notices and schedules relating to wants of repair, in addition to the Lessees' liability for their rateable proportion under clause 1(b). The enforcement of the Lessees' liability for the Freeholders' costs of repair as a service charge required both a tribunal determination and a section 146 notice. The fact that the claim under clause 3(12) was not pleaded did not prejudice the Lessees, as the issue was fully argued and determined in the courts below.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.