Longmint Ltd v Marcus [2004] EWLands LRX_25_2003 (23 January 2004)

Longmint Ltd v Marcus [2004] EWLands LRX_25_2003 (23 January 2004)

The management fee of 15% is a service charge within the meaning of the Act, and any agreement in the lease purporting to fix its reasonableness is void under section 19(3), so the LVT had jurisdiction to determine its reasonableness.

Citation
[2004] EWLands LRX_25_2003
Parties
Appellant: Longmint Limited; Respondent: Rubin Marcus
Jurisdiction
England and Wales
Judgment Date
23 January 2004
Procedural Posture
Appeal From Leasehold Valuation Tribunal Decision / Final Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Service Charges, Management Fees, Lease Interpretation, Jurisdiction of Leasehold Valuation Tribunal
Landlord and Tenant Property Law Service Charges Management Fees Lease Interpretation Jurisdiction of Leasehold Valuation Tribunal

Case Brief

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Parties

Longmint Limited

Appellant

Rubin Marcus

Respondent

Procedural Posture

Appeal From Leasehold Valuation Tribunal Decision / Final Judgment on Appeal

Legal Issues

  1. 1 Whether management fees of 15% of service charge are themselves a service charge under the Landlord and Tenant Act 1985
  2. 2 Whether the Leasehold Valuation Tribunal (LVT) had jurisdiction to determine the reasonableness of the management fee
  3. 3 Whether the agreement in the lease purporting to fix the management fee is void under section 19(3) of the Landlord and Tenant Act 1985

Ratio Decidendi

The management fee of 15% is a service charge within the meaning of the Act, and any agreement in the lease purporting to fix its reasonableness is void under section 19(3), so the LVT had jurisdiction to determine its reasonableness.

Court Disposition

appeal dismissed

Orders

  • The appeal by Longmint Limited is dismissed.