Cases - Jacob Isbicki & Co Ltd v Goulding & Bird Ltd
Record details
- Name
- Jacob Isbicki & Co Ltd v Goulding & Bird Ltd
- Date
- [1989]
- Citation
- 1 EGLR 236, ChD
- Legislation
- Keywords
- Landlord and tenant – service charge –services provided by landlord contained in a schedule – lease providing for landlord to alter the services contained in the schedule – whether the landlord could alter the works contained in the schedule to different kinds of works
- Summary
-
The tenant covenanted to pay a service charge of a proportion of the expenses incurred by the landlord in the repair, maintenance and insurance of the building and the provision of services set out under a separate schedule of the lease. The list of heads of expenditure set out in the schedule did not include for sandblasting to the external walls. There was a proviso giving the landlord power at his discretion to add to or make any alteration in the rendering of the services so listed.
The landlord claimed the tenant was liable to contribute to the expenditure on the external walls on the basis that the landlord could vary the service charge to include works of repair to the external walls. It was held that the power given to the landlord to vary the services was a limited one within the range of the works mentioned in the schedule, not a right to impose liability on the tenant in respect of different kinds of works.