Drewett & Anor v Bold & Anor [2006] EWLands LRX_90_2005 (04 May 2006)

Drewett & Anor v Bold & Anor [2006] EWLands LRX_90_2005 (04 May 2006)

The LVT has jurisdiction to determine whether an administration charge is payable and, if so, the amount, even in the absence of a formal demand compliant with paragraph 4 of Schedule 11. The word 'payable' in Schedule 11 does not mean 'due' but includes sums that may become due or are contingent. The absence of a...

Source-derived case information.

Citation
[2006] EWLands LRX_90_2005
Parties
Appellant: John Anthony Drewett; Appellant: Lisalotte Anna Drewett; Respondent: Ms Justine Bold; Respondent: Mr Christiano Sossi
Jurisdiction
England and Wales
Judgment Date
04 May 2006
Procedural Posture
Appeal From Leasehold Valuation Tribunal Decision / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Administration Charges, Leasehold Valuation Tribunal Jurisdiction, Commonhold and Leasehold Reform Act 2002, Interpretation of 'payable' in Schedule 11, Requirement of Formal Demand Under Schedule 11
Landlord and Tenant Property Law Administration Charges Leasehold Valuation Tribunal Jurisdiction Commonhold and Leasehold Reform Act 2002 Interpretation of 'payable' in Schedule 11 Requirement of Formal Demand Under Schedule 11

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Parties

John Anthony Drewett

Appellant

Lisalotte Anna Drewett

Appellant

Ms Justine Bold

Respondent

Mr Christiano Sossi

Respondent

Procedural Posture

Appeal From Leasehold Valuation Tribunal Decision / Appeal Judgment

Legal Issues

  1. 1 Whether the Leasehold Valuation Tribunal (LVT) has jurisdiction to determine the reasonableness of an administration charge in the absence of a formal demand from the landlord complying with Schedule 11, paragraph 4 of the Commonhold and Leasehold Reform Act 2002.
  2. 2 Whether 'payable' in Schedule 11 means 'due' or includes sums not yet due.
  3. 3 Whether the absence of a formal demand deprives the LVT of jurisdiction to consider the amount payable.

Ratio Decidendi

The LVT has jurisdiction to determine whether an administration charge is payable and, if so, the amount, even in the absence of a formal demand compliant with paragraph 4 of Schedule 11. The word 'payable' in Schedule 11 does not mean 'due' but includes sums that may become due or are contingent. The absence of a formal demand does not limit the LVT to ruling that nothing is payable; it merely entitles the tenant to withhold payment. The LVT can also determine whether there has been a breach of covenant if necessary for deciding the administration charge.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs