Assethold Limited v William Jonathan and Kirsty Lauren Hoye & Anor

Assethold Limited v William Jonathan and Kirsty Lauren Hoye & Anor

The requirements for particulars in insurance rent demands under the lease are not conditions precedent to the validity of the demands; non-compliance is a breach of covenant but does not render the demands invalid. There was no evidence that failure to disclose the shared access to the insurer invalidated or...

Source-derived case information.

Parties
Appellant: Assethold Limited; Respondent: William Jonathan Hoye; Respondent: Kirsty Lauren Hoye; Respondent: Nicola Fox
Jurisdiction
England and Wales
Judgment Date
01 July 2022
Procedural Posture
Landlord and Tenant Service Charges Appeal / Appeal From First Tier Tribunal (property Chamber) to Upper Tribunal (lands Chamber)
Outcome
appeal allowed in part
Legal Topics
Service Charges, Insurance Rent, Lease Interpretation, Reasonableness of Charges, Conditions Precedent
Landlord and Tenant Property Law Service Charges Insurance Rent Lease Interpretation Reasonableness of Charges Conditions Precedent

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Parties

Assethold Limited

Appellant

William Jonathan Hoye

Respondent

Kirsty Lauren Hoye

Respondent

Nicola Fox

Respondent

Procedural Posture

Landlord and Tenant Service Charges Appeal / Appeal From First Tier Tribunal (property Chamber) to Upper Tribunal (lands Chamber)

Legal Issues

  1. 1 Whether the demands for insurance rent were invalid due to non-compliance with lease requirements for particulars in the demand
  2. 2 Whether the insurance charges were unreasonable due to alleged failure to disclose shared access to the insurer

Ratio Decidendi

The requirements for particulars in insurance rent demands under the lease are not conditions precedent to the validity of the demands; non-compliance is a breach of covenant but does not render the demands invalid. There was no evidence that failure to disclose the shared access to the insurer invalidated or reduced the insurance, so the insurance charges were not unreasonable on that basis.

Court Disposition

appeal allowed in part

Orders

  • The FTT’s finding that the demands for insurance rent were invalid is set aside and substituted with a finding that the demands were valid.
  • The FTT’s finding that the insurance charges were unreasonable due to alleged non-disclosure is set aside and substituted with a finding that the charges were not unreasonable for that reason.