Cases - Rexhaven v Nurse

Record details

Name

Rexhaven v Nurse

Date

(1972)

Citation

28 HLR 241

Keywords

Landlord and tenant

Summary

The management company, under a 999-year lease of a dwelling was required on each quarter day to provide a certified estimate of expenditure for the ensuing year setting out the tenants' proportion.

The certificate was stated to be binding and conclusive.

The management company sent 2 letters cumulatively which set out the amount of service charge to be claimed. One letter was sent on 29 September 1993 and the more detailed letter was sent out on 27 October 1993; i.e. after the quarter day had passed.

The judge accepted that those letters constituted the certificate on the true construction of the lease and that the condition precedent for an on-account charge had been satisfied.