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06 November 2008
Issue: 7344 / Categories: Features , Landlord&tenant , Property
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Pride comes before a fall

Attention to detail can prevent a bruised ego, says Rachel Watkin

Landlords are reminded by the recent case of Leonora Investment Company Limited v Mott McDonald Limited (2008) EWCA Civ 857 of the importance of ensuring that procedures set out in a lease are followed to the letter and not to be too proud if they find that they have proceeded incorrectly. The case also acts as a reminder to tenants who may find it financially beneficial to be aware of the terms of their lease, as even if the payments are due under the contract, if the correct procedure for demand is not followed, no duty to pay service charges may arise.

In Leonora v Mott McDonald, failure to follow the procedures set down in the lease led to the landlord being unable to recover the sum of £263,117. The case concerned a 13 story office block in Croydon. The ground, first, second and third floors of the building were let to Mott Macdonald Limited for a terms of 10 years by four

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The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
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