Service Charges Protection
Overcharging Of Service ChargesRuddy v Oakfern Properties Ltd [2006] EWCA Civ 1389
CA
25 October 2006
Daily Law Notes Summary
The purpose of ss 18 to 30 of the Landlord and Tenant Act 1985
was to protect a residential tenant against overcharging for
service charges. Where a tenant was a “tenant of a dwelling”
within the meaning of “service charge” in s 18 of the Act, there
was no reason to construe the definition of “dwelling” in s 38 to
include the plural and thereby exclude a tenant from the
definition merely because, whilst he was the tenant of a dwelling
which extended only to part of a building, he was also the tenant
of other parts of the building.