Di Marco v Morshead Mansions Ltd

Di Marco v Morshead Mansions Ltd

Sections 21 and 22 of the Landlord and Tenant Act 1985 create statutory duties enforceable by tenants in civil proceedings, contrary to the judge below; claims for information and inspection should not have been struck out on the basis of lack of statutory cause of action; the claim for a negative declaration regarding 2003 service charges is not purely academic and may proceed subject to proper pleading; estoppel and abuse of process bar re-litigation of issues decided by the Tribunal; the court lacks jurisdiction to appoint a manager under section 21(6) of the Landlord and Tenant Act 1987.

Parties
Defendant/appellant: Leon Di Marco; Claimant/respondent: Morshead Mansions Limited
Jurisdiction
England and Wales
Judgment Date
30 April 2013
Procedural Posture
Appeal / Judgment on Appeal Against Strike Out of Counterclaim
Outcome
Appeal allowed in part, dismissed in part.
Legal Topics
Service Charges, Statutory Duties, Articles of Association, Appointment of Manager, Declaratory Relief, Estoppel, Jurisdiction
Landlord and Tenant Property Law Civil Procedure Service Charges Statutory Duties Articles of Association Appointment of Manager Declaratory Relief +2 more

Case Brief

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Parties

Leon Di Marco

Defendant/appellant

Morshead Mansions Limited

Claimant/respondent

Procedural Posture

Appeal / Judgment on Appeal Against Strike Out of Counterclaim

Legal Issues

  1. 1 Whether sections 21 and 22 of the Landlord and Tenant Act 1985 create a statutory duty enforceable by tenants in civil proceedings
  2. 2 Whether the counterclaims relating to service charge information, inspection, and declarations should be struck out
  3. 3 Whether estoppel or abuse of process prevents re-litigation of issues decided by the Leasehold Valuation Tribunal

Ratio Decidendi

Sections 21 and 22 of the Landlord and Tenant Act 1985 create statutory duties enforceable by tenants in civil proceedings, contrary to the judge below; claims for information and inspection should not have been struck out on the basis of lack of statutory cause of action; the claim for a negative declaration regarding 2003 service charges is not purely academic and may proceed subject to proper pleading; estoppel and abuse of process bar re-litigation of issues decided by the Tribunal; the court lacks jurisdiction to appoint a manager under section 21(6) of the Landlord and Tenant Act 1987.

Court Disposition

Appeal allowed in part, dismissed in part.

Orders

  • Claims for information under the Landlord and Tenant Act 1985 reinstated.
  • Claim for negative declaration regarding 2003 service charges may proceed subject to proper pleading.