Court of Appeal
East Tower Apartments Ltd v No 1 West India Quay (Residential) Ltd
[2021] EWCA Civ 1119
2021 April 15;
July 21
Underhill, Henderson, Dingemans LJJ
Landlord and tenantCovenantService chargesThird party reading energy meters incurring costsTenants paying costs under covenant to pay outgoingsNo contractually valid demand for such costs as service chargesLandlord seeking to re-allocate third party’s costs as general service charges within statutory time limitWhether demand for payment of service charges to comply with service charges provisions of leaseWhether third party’s costs part of service charges provisionsWhether lease permitting landlord to recover proportionate share of costs of litigation Landlord and Tenant Act 1985 (c 70), s 20B(1)

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