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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 leases which were effectively identical.

The leases provided for

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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