Landlords who covenant to provide the services of a resident caretaker should be aware that express provision should be made if they wish to include in the service charge a notional rent for a porter’s flat, or similar accommodation. The necessary charging power is unlikely to be implied, particularly where the governing words are in terms of “expend” or “expenditure”: see the decision of the Court of Appeal in Gilje v Charlgrove Securities Ltd [2001] EWCA Civ 1777;[2002] 16 EG 182 and Sandi Murdoch’s analysis in
Landlords who covenant to provide the services of a resident caretaker should be aware that express provision should be made if they wish to include in the service charge a notional rent for a porter’s flat, or similar accommodation. The necessary charging power is unlikely to be implied, particularly where the governing words are in terms of “expend” or “expenditure”: see the decision of the Court of Appeal in Gilje v Charlgrove Securities Ltd [2001] EWCA Civ 1777;[2002] 16 EG 182 and Sandi Murdoch’s analysis in No accommodation costs Estates Gazette 28 September 2002, p149.