Royal Borough of Kingston-Upon-Thames v Moss

The 2003 agreement provided for TWU to supply water and sewerage services to Kingston, making Kingston a re-seller under Water Resale Orders. Kingston was bound by maximum charges provisions and had overcharged Mr Moss by not passing on voids allowance and commission. The relevant charges scheme provision imposing liability on owners was invalid.

Parties: Claimant: Royal Borough of Kingston-upon-Thames; Defendant: Derek Moss
Jurisdiction: England and Wales
Judgment Date: 29 November 2019
Procedural Posture: Civil / Judgment
Outcome: Judgment for the defendant
Legal Topics: Water Charges, Local Authority Powers, Tenancy Agreements, Maximum Charges, Water Resale Orders

Contract Administrative Statutory Interpretation Water Charges Local Authority Powers Tenancy Agreements Maximum Charges Water Resale Orders

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Parties

Royal Borough of Kingston-upon-Thames

Claimant

Derek Moss

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether Kingston was a 're-seller' under Water Resale Orders 2001 and 2006
2 Whether Kingston acted as agent or on behalf of Thames Water Utilities Ltd under the 2003 agreement
3 Whether Kingston breached maximum charges provisions

Ratio Decidendi

Court Disposition

Judgment for the defendant

Orders

Kingston bound by maximum charges provisions of Water Resale Orders 2001 and 2006
Mr Moss entitled to recover overpayments pursuant to section 150(5) Water Industry Act 1991 and Water Resale Order 2006