Basildon District Council v Gooch [2004] UKLANDS LRX_51_2004 (21 June 2005)

Basildon District Council v Gooch [2004] UKLANDS LRX_51_2004 (21 June 2005)

The lease, specifically clause 17 of the Sixth Schedule, permits recovery of cleaning costs as part of services provided to lessees, even if not expressly mentioned. The cleaning costs were reasonably incurred and reasonable in amount, but the original calculation was incorrect; the correct and reasonable amount is £495.81 for the block or £70.83 per unit for 2002/2003, and £500 for the following year.

Citation
[2004] UKLANDS LRX_51_2004
Parties
Appellant: Basildon District Council; Respondent: Peter Gooch
Jurisdiction
England and Wales
Judgment Date
21 June 2005
Procedural Posture
Appeal / Decision on Appeal From Leasehold Valuation Tribunal
Outcome
appeal allowed
Legal Topics
Service Charges, Lease Interpretation, Reasonableness of Costs
Landlord and Tenant Property Law Service Charges Lease Interpretation Reasonableness of Costs

Case Brief

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Parties

Basildon District Council

Appellant

Peter Gooch

Respondent

Procedural Posture

Appeal / Decision on Appeal From Leasehold Valuation Tribunal

Legal Issues

  1. 1 Whether cleaning costs are recoverable under the lease
  2. 2 Whether the cleaning costs were reasonably incurred and reasonable in amount

Ratio Decidendi

The lease, specifically clause 17 of the Sixth Schedule, permits recovery of cleaning costs as part of services provided to lessees, even if not expressly mentioned. The cleaning costs were reasonably incurred and reasonable in amount, but the original calculation was incorrect; the correct and reasonable amount is £495.81 for the block or £70.83 per unit for 2002/2003, and £500 for the following year.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • The recoverable cleaning cost for 2002/2003 is set at £495.81 for the block or £70.83 per unit.