Termhouse (Clarendon Court) Management Ltd v Al-Balhaa [2021] EWCA Civ 1881 (10 December 2021)

Termhouse (Clarendon Court) Management Ltd v Al-Balhaa [2021] EWCA Civ 1881 (10 December 2021)

A First-tier Tribunal determination under section 27A of the Landlord and Tenant Act 1985 that is declaratory in nature is not susceptible to enforcement 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.

Citation
[2021] EWCA Civ 1881
Parties
Claimant/respondent: Termhouse (Clarendon Court) Management Limited; Defendant/appellant: Athir Al-Balhaa
Jurisdiction
England and Wales
Judgment Date
10 December 2021
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Service Charges, Enforcement of Tribunal Decisions, Declaratory Relief
Property Law Landlord and Tenant Service Charges Enforcement of Tribunal Decisions Declaratory Relief

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Parties

Termhouse (Clarendon Court) Management Limited

Claimant/respondent

Athir Al-Balhaa

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

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 determination under section 27A of the Landlord and Tenant Act 1985 that is declaratory in nature is not susceptible to enforcement 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.

Court Disposition

Appeal allowed

Orders

  • Order of Her Honour Judge Baucher set aside
  • Application for enforcement of FTT decision in County Court dismissed