Phillips & Ors v Francis & Anor

Phillips & Ors v Francis & Anor

The judge erred in permitting double recovery for management charges under both paragraphs 6 and 8; paragraph 6 is limited to professional agents, and paragraph 8 covers the Lessors' own management. The judge also erred in applying a test requiring identification of sets of qualifying works; all qualifying works must be included in the calculation for service charge limits, and the statutory limit applies to the aggregate contribution sought from each tenant.

Parties
Appellant: Dennis Phillips; Appellant: Royna Goddard; Respondent: Martin Francis; Respondent: Rebekah Katherine Francis
Jurisdiction
England and Wales
Judgment Date
21 December 2012
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Service Charges, Management Charges, Qualifying Works, Consultation Requirements
Property Law Landlord and Tenant Service Charges Management Charges Qualifying Works Consultation Requirements

Case Brief

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Parties

Dennis Phillips

Appellant

Royna Goddard

Appellant

Martin Francis

Respondent

Rebekah Katherine Francis

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether management charges under Schedule 3 paragraphs 6 and 8 of the leases permit double recovery.
  2. 2 Whether all works carried out by the Lessors constitute a single set of qualifying works for the purposes of section 20 and 20ZA of the Landlord and Tenant Act 1985.

Ratio Decidendi

The judge erred in permitting double recovery for management charges under both paragraphs 6 and 8; paragraph 6 is limited to professional agents, and paragraph 8 covers the Lessors' own management. The judge also erred in applying a test requiring identification of sets of qualifying works; all qualifying works must be included in the calculation for service charge limits, and the statutory limit applies to the aggregate contribution sought from each tenant.

Court Disposition

Appeal allowed

Orders

  • Permission to appeal granted.
  • Appeal allowed on both management charge and qualifying works points.