Cinnamon Ltd & Ors v Morgan [2001] EWCA Civ 1616 (18 October 2001)

Cinnamon Ltd & Ors v Morgan [2001] EWCA Civ 1616 (18 October 2001)

A management company with the right to enforce payment of service charges is a 'landlord' for the purposes of sections 18 and 19 of the Landlord and Tenant Act 1985, and service charges it enforces are subject to the statutory regime of reasonableness.

Citation
[2001] EWCA Civ 1616
Parties
Claimant/respondent: Cinnamon Limited; Claimant/respondent: Plantation Wharf Management Limited; Defendant/appellant: Fiona Susan Morgan
Jurisdiction
England and Wales
Judgment Date
18 October 2001
Procedural Posture
Civil Appeal / Appeal From County Court Decision
Outcome
Appeal allowed by consent
Legal Topics
Service Charges, Definition of Landlord, Interpretation of Landlord and Tenant Act 1985, Management Company Rights
Landlord and Tenant Law Property Law Service Charges Definition of Landlord Interpretation of Landlord and Tenant Act 1985 Management Company Rights

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Parties

Cinnamon Limited

Claimant/respondent

Plantation Wharf Management Limited

Claimant/respondent

Fiona Susan Morgan

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Decision

Legal Issues

  1. 1 Whether a management company comes within the definition of 'landlord' under section 18(2) of the Landlord and Tenant Act 1985 for the purposes of service charges
  2. 2 Whether service charges enforced by a management company are subject to the statutory regime of reasonableness under section 19 of the Act

Ratio Decidendi

A management company with the right to enforce payment of service charges is a 'landlord' for the purposes of sections 18 and 19 of the Landlord and Tenant Act 1985, and service charges it enforces are subject to the statutory regime of reasonableness.

Court Disposition

Appeal allowed by consent

Orders

  • Paragraph 3 of the order made by the judge on 18 August 2000 set aside
  • Declarations that the management company comes within the meaning of 'landlord' for the purposes of section 18(2) of the 1985 Act and that section 18 applies to the service charges claimed