Triplark Limited v Martin Howard and 55 Ors

Triplark Limited v Martin Howard and 55 Ors

Clause 5(11) does not permit recovery of legal costs as part of the service charge. The wording is not clear and unambiguous enough to include legal costs, and litigation is not ancillary to management. The parties included express provisions for legal costs elsewhere in the lease, indicating that such costs are not recoverable under the general management clause.

Parties
Appellant: Triplark Limited; Respondents: Martin Howard and 55 others
Jurisdiction
England and Wales
Judgment Date
15 July 2025
Procedural Posture
Landlord and Tenant Service Charges / Appeal From First Tier Tribunal (property Chamber) to Upper Tribunal (lands Chamber)
Outcome
appeal dismissed
Legal Topics
Service Charges, Legal Costs, Lease Construction
Landlord and Tenant Property Law Service Charges Legal Costs Lease Construction

Case Brief

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Parties

Triplark Limited

Appellant

Martin Howard and 55 others

Respondents

Procedural Posture

Landlord and Tenant Service Charges / Appeal From First Tier Tribunal (property Chamber) to Upper Tribunal (lands Chamber)

Legal Issues

  1. 1 Whether the landlord can recover legal costs as part of the service charge under clause 5(11) of the lease

Ratio Decidendi

Clause 5(11) does not permit recovery of legal costs as part of the service charge. The wording is not clear and unambiguous enough to include legal costs, and litigation is not ancillary to management. The parties included express provisions for legal costs elsewhere in the lease, indicating that such costs are not recoverable under the general management clause.

Court Disposition

appeal dismissed

Orders

  • None of the legal costs making up the sum of £55,492.23 are recoverable under clause 5(11) of the lease.