69 Marina, St Leonards-On-Sea, Freeholders of v Oram & Anor [2011] EWCA Civ 1258 (08 November 2011)

69 Marina, St Leonards-On-Sea, Freeholders of v Oram & Anor [2011] EWCA Civ 1258 (08 November 2011)

The freeholders' costs incurred before the Leasehold Valuation Tribunal are recoverable from the lessees under clause 3(12) of the lease as expenses incurred in contemplation of proceedings under s.146 Law of Property Act 1925 and/or incidental to the service of notices and schedules relating to wants of repair, in addition to the lessees' rateable proportion of the service charge under clause 1(b).

Citation
[2011] EWCA Civ 1258
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
Appeal (civil) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Service Charges, Leasehold Covenants, Costs Recovery, Forfeiture and S.146 Notices, Leasehold Valuation Tribunal Procedure
Landlord and Tenant Property Law Civil Procedure Service Charges Leasehold Covenants Costs Recovery Forfeiture and S.146 Notices Leasehold Valuation Tribunal Procedure

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

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

Claimants / Respondents

John Oram

Defendant / Appellant

Mohammed Ghoorun

Defendant / Appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether costs incurred by freeholders before the Leasehold Valuation Tribunal are recoverable from lessees under clause 3(12) of the lease, in addition to their rateable proportion under clause 1(b)
  2. 2 Whether the costs are incidental to or in contemplation of proceedings under s.146 Law of Property Act 1925
  3. 3 Whether the claim for such costs was properly pleaded

Ratio Decidendi

The freeholders' costs incurred before the Leasehold Valuation Tribunal are recoverable from the lessees under clause 3(12) of the lease as expenses incurred in contemplation of proceedings under s.146 Law of Property Act 1925 and/or incidental to the service of notices and schedules relating to wants of repair, in addition to the lessees' rateable proportion of the service charge under clause 1(b).

Court Disposition

Appeal dismissed

Orders

  • The appeal by the lessees is dismissed.
  • The freeholders are entitled to recover the disputed costs under clause 3(12) of the lease.