OM Property Management Ltd v Burr

OM Property Management Ltd v Burr

Costs are incurred for purposes of section 20B of the Landlord and Tenant Act 1985 when an invoice is presented or payment is made, not when services are provided or supplies made. The Upper Tribunal's interpretation is correct and accords with the statutory language and purpose.

Source-derived case information.

Parties
Respondent: OM Property Management Limited; Appellant: Thomas Burr
Jurisdiction
England and Wales
Judgment Date
03 May 2013
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Service Charges, Statutory Interpretation, Limitation Periods
Landlord and Tenant Property Law Service Charges Statutory Interpretation Limitation Periods

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Parties

OM Property Management Limited

Respondent

Thomas Burr

Appellant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 When are 'costs incurred' for purposes of section 20B of the Landlord and Tenant Act 1985?
  2. 2 Does section 20B protect tenants from stale demands for service charges incurred long before demand?

Ratio Decidendi

Costs are incurred for purposes of section 20B of the Landlord and Tenant Act 1985 when an invoice is presented or payment is made, not when services are provided or supplies made. The Upper Tribunal's interpretation is correct and accords with the statutory language and purpose.

Court Disposition

appeal dismissed

Orders

  • Upper Tribunal decision affirmed
  • No further relief granted to appellant