Cases - Twenty Two Clifton Gardens Ltd v Thayer Investments SA
Record details
- Name
- Twenty Two Clifton Gardens Ltd v Thayer Investments SA
- Date
- [2012]
- Citation
- UKUT 71 (LC), LRX/121/2010
- Legislation
- Keywords
- Landlord and tenant – lease construction – service charges – whether ‘better use and enjoyment’ includes collection of service charges
- Summary
-
This case concerned the recovery of solicitors costs’ and surveyors’ fees in LVT proceedings.
Flat 1 22 Clifton Gardens was held under a lease which contained the following provisions:
‘10 The Company shall of its own volition or if requested by the Lessee take all reasonable steps to enforce the observance and performance by the Lessee of other flats in the block of the covenants and conditions in the leases of the other flats which fall to be observed and performed by the Lessee.
11 The Company may provide such other services as it shall in its reasonable discretion deem necessary for the better use and enjoyment of the Property by the Lessee and other occupiers of the Building.’
The appeal was brought against determinations by the LVT made on 21 July 2010 that neither the legal costs nor the costs of the expert’s report obtained for the purposes of the proceedings before it were recoverable by the appellant as service charges pursuant to the terms of the lease.
The appeal was dismissed. Paragraph 10 referred to enforcing the leases of others. The wording ‘necessary for better use and enjoyment of the Property’ in paragraph 11 did not include bringing LVT proceedings. Each lease must be interpreted on its own wording and in the present cases there was no provision for the recovery sought within the lease.
Therefore, surveyors’ and solicitors’ costs will only be recoverable in LVT proceedings when the lease provisions referring to recovery of costs are clear and unambiguous.