ABSTRACT
The court has power under s 35 of the 1954 Act to include service charge provisions in the new lease. The tenant cannot, however, be required to pay towards the costs of structural repairs or to the repair of capital equipment if such liability was not included in the current tenancy (O’May v City of London Real Property Co Ltd). The usual service costs such as cleaning, heating and decorating should be paid for by way of a fluctuating service charge (Hyams v Titan Properties (1972) 24 P & CR 358, CA).
