“Any leaseholders who availed themselves of the favourable payment terms offered by the Appellant would no doubt be taken to have waived strict compliance with the Third Schedule, so far as it related to the cost of major works.”
“the moral for landlords is clear. If they wish to render valid and effective service of a notice to quit by leaving it at the premises the subject of the lease, without proving it came to the attention of the lessee, they must … make express provision for such a method of service in the tenancy agreement.”
“Mr Sheehy struck us as being a genuine and honest witness. … In general terms we accept his evidence of what he was aware of personally, insofar as that goes, but he was not able to assist as to how Swisspost managed the printing and posting of the batches of notices.”
“Subsection (1) shall not apply if, within the period of 18 months beginning with the date when the relevant costs in question were incurred, the tenant was notified in writing that those costs had been incurred and that he would subsequently be required under the terms of his lease to contribute to them by the payment of a service charge.”
“[Morgan J] makes clear that a landlord “must tell the lessee that the lessee will subsequently be required under the terms of his lease to contribute to those costs by the payment of a service charge”
“It is not necessary for the notice to tell the lessee what proportion of the cost will be passed on to the lessee nor what the resulting service charge demand will be.”
“The details of expenditure are not yet known in respect to your individual service charge implications; you will be notified of the actual contract costs and therefore your actual contribution when the final account is agreed.”