Cases - Davstone Estates Ltd's Leases Manprop Ltd v O'Dell and others

Record details

Name

Davstone Estates Ltd's Leases Manprop Ltd v O'Dell and others

Date

[1969]

Citation

2 AII ER 849, ChD

Legislation

Landlord and Tenant Act 1954

Keywords

Commercial property – service charge – service charge expenditure subject to landlord’s surveyor’s certification – certification ‘final and binding and not subject to challenge in any manner’ – public policy – illegality – where certificate of lessor’s expenses was to be final as to the service charge payable to lessee, whether it was contrary to public policy

Summary

Service charge expenditure was subject to certification by the landlord's surveyor, such certification to be 'final and binding and not subject to challenge in any manner'. It was held that the wording of the lease was contrary to public policy in purporting to oust the jurisdiction of the courts on questions of law.