header-logo header-logo

23 March 2012 / Tamsin Cox , Edward Peters KC
Issue: 7506 / Categories: Features , Landlord&tenant , Property
printer mail-detail

That old can of worms

istock_000003494973medium_4

Edward Peters & Tamsin Cox lay out the issues surrounding the resurrection of a landlord & tenant riddle

The recent decision of the Upper Tribunal (Lands Chamber) in OM Property Management Ltd v Burr [2012] UKUT 2 (LC) appears to re-open the vexed question of when costs are “incurred” for the purposes of the time limit on recovery of expenditure through service charges set out in s 20B of the Landlord and Tenant Act 1985, which appeared to have been laid to rest in a decision handed down last year.

In Jean-Paul & Anr v London Borough of Southwark [2011] UKUT 178 (LC), the president of the Upper Tribunal (Lands Chamber) had drawn a helpful distinction between the incurring of a liability (an obligation to make a payment) and incurring costs, the latter being the formulation in the statute. He concluded that costs were only “incurred” for the purposes of s 20B when payment was made.

In Burr, His Honour Judge Mole QC also referred to the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Trowers & Hamlins—Paul Batchelor

Trowers & Hamlins—Paul Batchelor

Trowers Hamlins strengthens Birmingham Office with senior corporate partner hire

Birketts—trainee appointments

Birketts—trainee appointments

Birketts welcomes largest ever Trainee Solicitor cohort for 2026

Sidley—James Sherlock

Sidley—James Sherlock

Sidley Expands Private Equity Practice With James Sherlock in London

NEWS
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
back-to-top-scroll