Free from the statutory constraints applicable to residential lettings, the landlord of an office block in multi–occupation may seek to operate the service charge provisions in such way that the current tenants will be financing a general upgrade going well beyond their desires or expectations.
Nice work if he can get it, but if the tenants object, he can expect the court to scrutinise the relevant words with the greatest care. While reciting the usual “each case depends on its particular facts” mantra, it can be safely said that tenants faced with such demands will not be short of guidance if they study the judgment of Blackburne J in Fluor Daniel Properties Ltd v Shortlands Investments Ltd [2001] EGCS 8, where the major part of the landlord’s demand was successfully disputed.
A helpful commentary on Fluor can be found in
Related item:
Free from the statutory constraints applicable to residential lettings, the landlord of an office block in multi–occupation may seek to operate the service charge provisions in such way that the current tenants will be financing a general upgrade going well beyond their desires or expectations.
Nice work if he can get it, but if the tenants object, he can expect the court to scrutinise the relevant words with the greatest care. While reciting the usual “each case depends on its particular facts” mantra, it can be safely said that tenants faced with such demands will not be short of guidance if they study the judgment of Blackburne J in Fluor Daniel Properties Ltd v Shortlands Investments Ltd [2001] EGCS 8, where the major part of the landlord’s demand was successfully disputed.
A helpful commentary on Fluor can be found in A cool reception Estates Gazette 24 March 2001, p172 (Sandi Murdoch).
Related item:
PP 2002/212