Cases - Moorcroft Estates Ltd v Doxford and another

Record details

Name

Moorcroft Estates Ltd v Doxford and another

Date

(1980)

Citation

1 EGLR 37, ChD

Legislation

Local Government, Planning and Land Act 1980

Keywords

Commercial property - landlord and tenant – service charge – service determined by ‘rateable value’ of the property - whether ‘rateable value’ was determined at the date of the lease or the rateable value from time to time

Summary

A tenant's lease provided that his share of the service charge was to be a 'due proportion' of the costs based on the ratio of the rateable value of the demised premises to the total rateable value of the building. The issue was whether 'rateable value' meant the rateable values at the date of the lease, so that the proportion would then be fixed once and for all, or the rateable value from time to time of the premises demised and the total rateable value from time to time of all parts of the building. It was held that the latter was the correct construction and that the tenant's share of costs should be based upon the rateable values existing at the time or times when each item of expense was paid.