Martinvale Developments Ltd v No Respondent [2004] UKLANDS LRX_90_2004 (30 June 2005)

Martinvale Developments Ltd v No Respondent [2004] UKLANDS LRX_90_2004 (30 June 2005)

The tenant's letter enclosing payment and requesting consent constituted an admission that an administration charge was payable, but not an admission as to the amount. The landlord's failure to provide a summary of rights did not make the charge permanently irrecoverable, but the amount payable must be reasonable. £50 was determined to be a reasonable administration charge in the circumstances.

Citation
[2004] UKLANDS LRX_90_2004
Parties
Appellant: Martinvale Developments Ltd; Tenant: Mrs Marjorie Bennett
Jurisdiction
England and Wales
Judgment Date
30 June 2005
Procedural Posture
Appeal / Decision on Appeal From Leasehold Valuation Tribunal
Outcome
appeal allowed in part
Legal Topics
Administration Charges, Breach of Covenant, Leasehold, Service Charges, Commonhold and Leasehold Reform Act 2002, Landlord and Tenant Act 1985
Property Law Landlord and Tenant Law Administration Charges Breach of Covenant Leasehold Service Charges Commonhold and Leasehold Reform Act 2002 Landlord and Tenant Act 1985

Case Brief

Summary, issues, holding and outcome

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Parties

Martinvale Developments Ltd

Appellant

Mrs Marjorie Bennett

Tenant

Procedural Posture

Appeal / Decision on Appeal From Leasehold Valuation Tribunal

Legal Issues

  1. 1 Whether the administration charge was payable given the landlord's failure to provide a summary of tenant's rights with the demand
  2. 2 Whether the tenant admitted liability for the administration charge and/or the amount
  3. 3 Whether the amount of the administration charge was reasonable

Ratio Decidendi

The tenant's letter enclosing payment and requesting consent constituted an admission that an administration charge was payable, but not an admission as to the amount. The landlord's failure to provide a summary of rights did not make the charge permanently irrecoverable, but the amount payable must be reasonable. £50 was determined to be a reasonable administration charge in the circumstances.

Court Disposition

appeal allowed in part

Orders

  • The amount payable as the administration charge is determined to be £50.