CUMBERNAULD HOUSING PARTNERSHIP v. JANICE LEARY [2013] ScotSC 71 (01 November 2013)

The pursuer is entitled to recover management fees and common repair costs from the defender based on budgeted costs as its usual remuneration, supported by unchallenged affidavit evidence and admissions regarding common repairs.

Citation: [2013] ScotSC 71
Parties: Pursuer: Cumbernauld Housing Partnership Limited; Defender: Janice Leary
Jurisdiction: Scotland
Judgment Date: 01 November 2013
Procedural Posture: Civil / Judgment After Proof
Outcome: decree granted for payment by defender to pursuer
Legal Topics: Factoring Services, Management Fees, Common Repairs, Title Deeds Interpretation

Property Law Contract Law Factoring Services Management Fees Common Repairs Title Deeds Interpretation

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Parties

Cumbernauld Housing Partnership Limited

Pursuer

Janice Leary

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

1 Whether pursuer is entitled to recover management fees and common repair costs from defender
2 Whether management fees must be charged at actual cost or budgeted cost
3 Whether affidavit evidence is sufficient without cross-examination

Ratio Decidendi

Court Disposition

decree granted for payment by defender to pursuer

Orders

Payment of £9,035.21 with interest at 8% per annum from date of citation until payment
Payment of £7,753.71 with interest at 8% per annum from 21 December 2012 until payment