Cases - Capital & Counties Freehold Equity Trust Ltd v BL plc

Record details

Name

Capital & Counties Freehold Equity Trust Ltd v BL plc

Date

(1987) [1987]

Citation

283 EG 563; 2 EGLR 49. ChD

Legislation

Landlord and Tenant Act 1985

Keywords

Commercial property – landlord and tenant - service charge – terms of lease – agreement for tenant to pay costs and expenses for repair and decoration of common parts and the exterior ‘which may from time to time during the said term – works carried out after the terms of the lease – where services were provided after the expiry of the lease, whether those services were chargeable to the tenant

Summary

A tenant of an office building covenanted to pay a proportion of costs and expenses in respect of repair and decoration of common parts and the exterior 'which may from time to time during the said term be expended or incurred or become payable'. The landlord contracted with builders to carry out repairs and redecorations to the exterior and common parts before the end of the term. However, no part of the works had in fact been carried out by the end of the term. It was held that only services provided during the term were chargeable.