Avon Ground Rents Limited & Anor v Mark Pilgrim & Anor

Avon Ground Rents Limited & Anor v Mark Pilgrim & Anor

The appellants failed to discharge the evidential burden to show that electricity costs for the common parts were reasonably incurred without using the solar panels, and the First-tier Tribunal's findings for the years in issue were upheld. The Tribunal's determination about future electricity charges was set aside as outside the scope of the application. The management fee for section 20 consultation was reduced to 7.5% of the contract price plus VAT as a reasonable charge.

Parties
Appellant: Avon Ground Rents Limited; Appellant: Highview Management Limited; Respondent: Mark Pilgrim; Respondent: Susan Pilgrim
Jurisdiction
England and Wales
Judgment Date
05 December 2024
Procedural Posture
Appeal / Upper Tribunal Decision
Outcome
Appeal dismissed in relation to electricity charges for years in issue; appeal allowed in relation to future electricity charges and management fee.
Legal Topics
Service Charges, Reasonableness of Costs, Management Fees, Solar Panel Usage, Section 27 a Landlord and Tenant Act 1985
Landlord and Tenant Property Law Service Charges Reasonableness of Costs Management Fees Solar Panel Usage Section 27 a Landlord and Tenant Act 1985

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Parties

Avon Ground Rents Limited

Appellant

Highview Management Limited

Appellant

Mark Pilgrim

Respondent

Susan Pilgrim

Respondent

Procedural Posture

Appeal / Upper Tribunal Decision

Legal Issues

  1. 1 Whether costs for communal electricity were reasonably incurred without using solar panels
  2. 2 Whether management fees for section 20 consultation were reasonably incurred

Ratio Decidendi

The appellants failed to discharge the evidential burden to show that electricity costs for the common parts were reasonably incurred without using the solar panels, and the First-tier Tribunal's findings for the years in issue were upheld. The Tribunal's determination about future electricity charges was set aside as outside the scope of the application. The management fee for section 20 consultation was reduced to 7.5% of the contract price plus VAT as a reasonable charge.

Court Disposition

Appeal dismissed in relation to electricity charges for years in issue; appeal allowed in relation to future electricity charges and management fee.

Orders

  • First-tier Tribunal's determination about future electricity charges set aside.
  • Management fee for section 20 consultation reduced to 7.5% of contract price plus VAT.