Agricullo Ltd v Yorkshire Housing Ltd

Agricullo Ltd v Yorkshire Housing Ltd

Clause 9.3 of the lease does not entitle the landlord to recover costs incurred after the tenant's counter-notice under the Leasehold Property (Repairs) Act 1938, as no proceedings under section 146 could be taken without leave of the court, and the costs were not sufficiently linked to such proceedings. No special circumstances existed to justify granting leave to bring a claim for damages for loss of rent.

Parties
Claimant/appellant: Agricullo Limited; Defendant/respondent: Yorkshire Housing Limited (formerly Yorkshire Community Housing Limited)
Jurisdiction
England and Wales
Judgment Date
16 March 2010
Procedural Posture
Civil Appeal / Appeal From Leeds County Court Judgment
Outcome
appeal dismissed; permission to appeal on second ground refused
Legal Topics
Repairing Covenants, Lease Interpretation, Costs Recovery, Forfeiture Proceedings, Leave Under Leasehold Property (repairs) Act 1938
Landlord and Tenant Contract Law Repairing Covenants Lease Interpretation Costs Recovery Forfeiture Proceedings Leave Under Leasehold Property (repairs) Act 1938

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Parties

Agricullo Limited

Claimant/appellant

Yorkshire Housing Limited (formerly Yorkshire Community Housing Limited)

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Leeds County Court Judgment

Legal Issues

  1. 1 Whether clause 9.3 of the lease entitles the landlord to recover costs incurred after service of a counter-notice under the Leasehold Property (Repairs) Act 1938 without leave of the court
  2. 2 Whether special circumstances existed to justify granting leave to bring a claim for damages for loss of rent under section 1(5)(e) of the Leasehold Property (Repairs) Act 1938

Ratio Decidendi

Clause 9.3 of the lease does not entitle the landlord to recover costs incurred after the tenant's counter-notice under the Leasehold Property (Repairs) Act 1938, as no proceedings under section 146 could be taken without leave of the court, and the costs were not sufficiently linked to such proceedings. No special circumstances existed to justify granting leave to bring a claim for damages for loss of rent.

Court Disposition

appeal dismissed; permission to appeal on second ground refused