Estate rentcharge – Validity – Expenditure on rates held to be “for benefit of land affected”
Managing agents performing good works on the common parts of industrial and other estates will welcome Orchard Trading Estate Management Ltd v Johnson Security Ltd [2002] EWCA Civ 406; [2002] 2 EGLR 1, where the Court of Appeal took a fairly robust approach to the definition of “estate rentcharge”, as contained in section 2(4) of the Rentcharges Act 1977.
It will be recalled that this was the most important species of rentcharge to escape the 1977 prohibition of new rentcharges.
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Estate rentcharge – Validity – Expenditure on rates held to be “for benefit of land affected”
Managing agents performing good works on the common parts of industrial and other estates will welcome Orchard Trading Estate Management Ltd v Johnson Security Ltd [2002] EWCA Civ 406; [2002] 2 EGLR 1, where the Court of Appeal took a fairly robust approach to the definition of “estate rentcharge”, as contained in section 2(4) of the Rentcharges Act 1977.
It will be recalled that this was the most important species of rentcharge to escape the 1977 prohibition of new rentcharges.