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Chowdhury v Bramerton Management Company Ltd [2014]UKUT 260 (LC): Effect Of Late Service Of Interim Service Charge

Summary: This case turns on its facts but at [26] Martin Rodger QC’s obiter comments on the possible consequences of late service of a demand for payment of an interim service charge payable on account are worth noting. In that case, the lease provided that the interim service charge was payable on the usual quarter days. The effect of late service of a demand was either: (i) the arrears might not become due and payable until the next quarter day (by analogy with the reasoning in South Tottenham Land Securities Ltd v R & A Millet (Shops) Ltd [1984] 1WLR 710 (a rent review case); or (ii) the accumulated arrears might not become due until a reasonable time after notification of the sum claimed.

 

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