Davies v Benwell Road RTM Company Ltd [2025] EWCA Civ 368 (02 April 2025)

Davies v Benwell Road RTM Company Ltd [2025] EWCA Civ 368 (02 April 2025)

The Upper Tribunal was correct to find that there were no arrears of service charge before 19 November 2014, as the 15 May 2014 demand was non-compliant with the lease and statutory requirements. The RTM Company was not entitled to recover the costs of the 2014 FTT as variable administration charges. Costs of the 2022 FTT were not payable as administration charges without a compliant demand. The FTT's jurisdiction is limited to determining reasonableness and payability, not enforcement.

Citation
[2025] EWCA Civ 368
Parties
Claimant/respondent: Adam Paul Davies; Defendant/appellant: Benwell Road RTM Company Ltd
Jurisdiction
England and Wales
Judgment Date
02 April 2025
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Second Appeal From Upper Tribunal (lands Chamber)
Outcome
Appeal dismissed
Legal Topics
Service Charges, Administration Charges, Leasehold, Right to Manage (rtm), Jurisdiction of First Tier Tribunal, Limitation Periods
Property Law Landlord and Tenant Service Charges Administration Charges Leasehold Right to Manage (rtm) Jurisdiction of First Tier Tribunal Limitation Periods

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Parties

Adam Paul Davies

Claimant/respondent

Benwell Road RTM Company Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Second Appeal From Upper Tribunal (lands Chamber)

Legal Issues

  1. 1 Whether service charge arrears claimed by RTM Company were statute barred
  2. 2 Whether variable administration charges for costs of 2014 FTT proceedings were recoverable under the lease
  3. 3 Whether costs of 2022 FTT proceedings were payable as variable administration charges without a compliant demand

Ratio Decidendi

The Upper Tribunal was correct to find that there were no arrears of service charge before 19 November 2014, as the 15 May 2014 demand was non-compliant with the lease and statutory requirements. The RTM Company was not entitled to recover the costs of the 2014 FTT as variable administration charges. Costs of the 2022 FTT were not payable as administration charges without a compliant demand. The FTT's jurisdiction is limited to determining reasonableness and payability, not enforcement.

Court Disposition

Appeal dismissed

Orders

  • RTM Company's appeal dismissed in its entirety
  • No order for payment of costs of 2014 or 2022 FTT as variable administration charges