Morris v Blackpool Borough Council & Anor

Morris v Blackpool Borough Council & Anor

The lease, properly construed, entitles the Council to recover management costs for discretionary services provided to lessees, as such costs are deemed to have been properly incurred under the Eighth Schedule by virtue of paragraph 14 of the Seventh Schedule, notwithstanding the absence of a specific covenant. The management costs of these services are recoverable under clause 3(i)(d) as part of the service charge, subject to statutory reasonableness requirements.

Parties
Appellant: Ian Morris; Respondent: Blackpool Borough Council; Respondent: Blackpool Coastal Housing Limited
Jurisdiction
England and Wales
Judgment Date
24 October 2014
Procedural Posture
Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Service Charges, Lease Interpretation, Management Charges, Residential Leases, Statutory Interpretation
Land Law Landlord and Tenant Law Contract Law Service Charges Lease Interpretation Management Charges Residential Leases Statutory Interpretation

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Parties

Ian Morris

Appellant

Blackpool Borough Council

Respondent

Blackpool Coastal Housing Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal

Legal Issues

  1. 1 Proper construction of standard leases regarding recoverability of management/administration charges as part of service charge
  2. 2 Whether paragraph 14 of the Seventh Schedule entitles the Council to recover management costs for discretionary services
  3. 3 Whether the Council can recover management costs for services not expressly covenanted in the Eighth Schedule

Ratio Decidendi

The lease, properly construed, entitles the Council to recover management costs for discretionary services provided to lessees, as such costs are deemed to have been properly incurred under the Eighth Schedule by virtue of paragraph 14 of the Seventh Schedule, notwithstanding the absence of a specific covenant. The management costs of these services are recoverable under clause 3(i)(d) as part of the service charge, subject to statutory reasonableness requirements.

Court Disposition

Appeal dismissed