Gilje & Ors v Charlegrove Securities Ltd

Gilje & Ors v Charlegrove Securities Ltd

Section 20B does not prevent the landlord from retaining expenditure covered by advance service charge payments, even if incurred more than 18 months before the final account, where no further demand is made and payments on account exceed actual expenditure.

Parties
Claimant: Gilje & Ors; Defendant: Charlegrove Securities Ltd
Jurisdiction
England and Wales
Judgment Date
13 May 2003
Procedural Posture
Civil Appeal / Judgment on Appeal From Preliminary Issue
Outcome
appeal dismissed
Legal Topics
Service Charges, Statutory Interpretation, Limitation Periods
Landlord and Tenant Property Law Service Charges Statutory Interpretation Limitation Periods

Case Brief

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Parties

Gilje & Ors

Claimant

Charlegrove Securities Ltd

Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal From Preliminary Issue

Legal Issues

  1. 1 Whether section 20B of the Landlord and Tenant Act 1985 prevents the landlord from charging expenditure by way of service charges incurred more than 18 months prior to the preparation of final accounts and demands, where such expenditure was covered by advance service charges.

Ratio Decidendi

Section 20B does not prevent the landlord from retaining expenditure covered by advance service charge payments, even if incurred more than 18 months before the final account, where no further demand is made and payments on account exceed actual expenditure.

Court Disposition

appeal dismissed