Corvan (Properties) Ltd v Abdel-Mahmoud

Corvan (Properties) Ltd v Abdel-Mahmoud

Clause 5 of the management agreement mandates continuation beyond the initial twelve months, making the minimum commitment more than twelve months. Therefore, the agreement is a qualifying long term agreement under section 20ZA(2) of the Landlord and Tenant Act 1985, and the statutory consultation requirements apply.

Parties
Appellant: Corvan (Properties) Ltd; Respondent: Abdel-Mahmoud
Jurisdiction
England and Wales
Judgment Date
15 May 2018
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Upper Tribunal
Outcome
appeal dismissed
Legal Topics
Qualifying Long Term Agreement, Service Charges, Statutory Interpretation, Contract Construction
Landlord and Tenant Law Contract Law Qualifying Long Term Agreement Service Charges Statutory Interpretation Contract Construction

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Parties

Corvan (Properties) Ltd

Appellant

Abdel-Mahmoud

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Upper Tribunal

Legal Issues

  1. 1 Whether the management agreement was for a term of more than twelve months and thus a qualifying long term agreement under section 20ZA(2) of the Landlord and Tenant Act 1985
  2. 2 Proper construction of clause 5 of the management agreement
  3. 3 Correct interpretation of 'term' in section 20ZA(2)

Ratio Decidendi

Clause 5 of the management agreement mandates continuation beyond the initial twelve months, making the minimum commitment more than twelve months. Therefore, the agreement is a qualifying long term agreement under section 20ZA(2) of the Landlord and Tenant Act 1985, and the statutory consultation requirements apply.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; the management agreement is a qualifying long term agreement under section 20ZA(2) of the Landlord and Tenant Act 1985.