Forcelux Ltd, Re An Appeal Against A Decision Of The Leasehold Valuation Tribunal [2004] EWLands LRX_33_2003 (20 January 2004)

Forcelux Ltd, Re An Appeal Against A Decision Of The Leasehold Valuation Tribunal [2004] EWLands LRX_33_2003 (20 January 2004)

Legal costs incurred by the landlord in preparing and serving s.146 notices, even when claimed individually against a tenant under an express covenant, fall within the statutory definition of 'service charge' in s.18(1) of the Landlord and Tenant Act 1985 if they are for the landlord's costs of management and vary according to relevant costs. There is no statutory or contractual basis to exclude such costs from the definition solely because they are not pooled.

Citation
[2004] EWLands LRX_33_2003
Parties
Appellant: Forcelux Limited
Jurisdiction
England and Wales
Judgment Date
20 January 2004
Procedural Posture
Appeal / Decision on Preliminary Issue
Outcome
appeal dismissed
Legal Topics
Service Charges, Costs of Management, Leasehold, Forfeiture, Jurisdiction of Leasehold Valuation Tribunal
Landlord and Tenant Law Property Law Service Charges Costs of Management Leasehold Forfeiture Jurisdiction of Leasehold Valuation Tribunal

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Parties

Forcelux Limited

Appellant

Procedural Posture

Appeal / Decision on Preliminary Issue

Legal Issues

  1. 1 Whether legal costs incurred by the landlord in preparing and serving notices under s.146 of the Law of Property Act 1925 are 'service charges' within the meaning of s.18 of the Landlord and Tenant Act 1985

Ratio Decidendi

Legal costs incurred by the landlord in preparing and serving s.146 notices, even when claimed individually against a tenant under an express covenant, fall within the statutory definition of 'service charge' in s.18(1) of the Landlord and Tenant Act 1985 if they are for the landlord's costs of management and vary according to relevant costs. There is no statutory or contractual basis to exclude such costs from the definition solely because they are not pooled.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.