Termhouse (Clarendon Court) Management Limited v Athir Al-Balhaa

Termhouse (Clarendon Court) Management Limited v Athir Al-Balhaa

A First-tier Tribunal decision under section 27A of the Landlord and Tenant Act 1985 that is declaratory in nature and does not order payment or require any act or forbearance is not susceptible to enforcement under section 176C of the Commonhold and Leasehold Reform Act 2002 or section 27 of the Tribunals, Courts and Enforcement Act 2007. The County Court cannot enforce such a decision as if it were an order of the court.

Parties
Claimant/respondent: Termhouse (Clarendon Court) Management Limited; Defendant/appellant: Athir Al-Balhaa
Jurisdiction
England and Wales
Judgment Date
10 December 2021
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Enforcement of Tribunal Decisions, Service Charges, Declaratory Orders, Jurisdiction of First Tier Tribunal
Landlord and Tenant Law Civil Procedure Enforcement of Tribunal Decisions Service Charges Declaratory Orders Jurisdiction of First Tier Tribunal

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Parties

Termhouse (Clarendon Court) Management Limited

Claimant/respondent

Athir Al-Balhaa

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether a First-tier Tribunal decision under section 27A of the Landlord and Tenant Act 1985 is enforceable in the County Court under section 176C of the Commonhold and Leasehold Reform Act 2002 or section 27 of the Tribunals, Courts and Enforcement Act 2007.

Ratio Decidendi

A First-tier Tribunal decision under section 27A of the Landlord and Tenant Act 1985 that is declaratory in nature and does not order payment or require any act or forbearance is not susceptible to enforcement under section 176C of the Commonhold and Leasehold Reform Act 2002 or section 27 of the Tribunals, Courts and Enforcement Act 2007. The County Court cannot enforce such a decision as if it were an order of the court.

Court Disposition

Appeal allowed

Orders

  • Order of the County Court granting enforcement set aside.