Paolo Clemente v Mindmere Limited

Paolo Clemente v Mindmere Limited

The pursuit of a money judgment for service charges is not a waiver of the right to forfeit for failure to pay those charges; therefore, the landlord may recover administration charges for legal costs as provided in the lease.

Parties
Appellant: Paolo Clemente; Respondent: Mindmere Limited
Jurisdiction
England and Wales
Judgment Date
20 February 2024
Procedural Posture
Landlord and Tenant Appeal / Appeal From First Tier Tribunal to Upper Tribunal
Outcome
Appeal dismissed
Legal Topics
Administration Charges, Forfeiture, Waiver of Right to Forfeit, Service Charges, Lease Covenants
Landlord and Tenant Law Property Law Administration Charges Forfeiture Waiver of Right to Forfeit Service Charges Lease Covenants

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Paolo Clemente

Appellant

Mindmere Limited

Respondent

Procedural Posture

Landlord and Tenant Appeal / Appeal From First Tier Tribunal to Upper Tribunal

Legal Issues

  1. 1 Whether the issue of proceedings for a money judgment for unpaid service charges amounts to waiver of the right to forfeit for failure to pay those charges
  2. 2 Whether administration charges for legal costs are reasonable and payable if demanded under the lease

Ratio Decidendi

The pursuit of a money judgment for service charges is not a waiver of the right to forfeit for failure to pay those charges; therefore, the landlord may recover administration charges for legal costs as provided in the lease.

Court Disposition

Appeal dismissed

Orders

  • The determination of the First-tier Tribunal that the sum of £15,563 would be reasonable and payable if demanded as an administration charge is upheld.