Longmint Ltd v Rye & Anor [2006] EWLands LRX_88_2005 (27 April 2006)

Longmint Ltd v Rye & Anor [2006] EWLands LRX_88_2005 (27 April 2006)

On the proper construction of the lease, there is no express or implied covenant obliging the tenants of the basement flat to pay any proportion of the cost of the entry phone system, as they do not use or benefit from it. The landlord is therefore not entitled to recover the disputed sum from the tenants.

Source-derived case information.

Citation
[2006] EWLands LRX_88_2005
Parties
Appellant: Longmint Limited; Respondent: Mr Michael Rye; Respondent: Mrs Angela Rye (formerly Green)
Jurisdiction
England and Wales
Judgment Date
27 April 2006
Procedural Posture
Appeal From Leasehold Valuation Tribunal Decision / Final Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Service Charges, Lease Construction, Implied Covenants, Entry Phone System, Section 27 a Landlord and Tenant Act 1985
Landlord and Tenant Property Law Service Charges Lease Construction Implied Covenants Entry Phone System Section 27 a Landlord and Tenant Act 1985

Source-derived case record

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Parties

Longmint Limited

Appellant

Mr Michael Rye

Respondent

Mrs Angela Rye (formerly Green)

Respondent

Procedural Posture

Appeal From Leasehold Valuation Tribunal Decision / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the tenants of the basement flat are obliged under the lease to contribute towards the landlord's costs of providing and maintaining an entry phone system which they do not use.

Ratio Decidendi

On the proper construction of the lease, there is no express or implied covenant obliging the tenants of the basement flat to pay any proportion of the cost of the entry phone system, as they do not use or benefit from it. The landlord is therefore not entitled to recover the disputed sum from the tenants.

Court Disposition

appeal dismissed

Orders

  • Landlord's appeal from the LVT's decision is dismissed.
  • No order as to costs.