Martin White v Sarah Brindley

Martin White v Sarah Brindley

The FTT acted outside its discretion and unfairly by deciding the insurance charge issue, which was not raised or pursued by the respondent, thereby descending into the arena and acting as an advocate for the tenant. The FTT's decision on insurance premiums is set aside and replaced with a finding that they are payable in full.

Parties
Appellant: Martin White; Respondent: Sarah Brindley
Jurisdiction
England and Wales
Judgment Date
08 May 2026
Procedural Posture
Landlord and Tenant Service Charges / Appeal From First Tier Tribunal to Upper Tribunal (lands Chamber)
Outcome
appeal allowed
Legal Topics
Service Charges, Lease Interpretation, Tribunal Procedure, Fairness in Adjudication
Landlord and Tenant Property Law Service Charges Lease Interpretation Tribunal Procedure Fairness in Adjudication

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Parties

Martin White

Appellant

Sarah Brindley

Respondent

Procedural Posture

Landlord and Tenant Service Charges / Appeal From First Tier Tribunal to Upper Tribunal (lands Chamber)

Legal Issues

  1. 1 Whether the First-tier Tribunal acted unfairly by deciding an issue not raised by the parties
  2. 2 Whether the respondent is liable under the lease to pay insurance charges as part of the service charge

Ratio Decidendi

The FTT acted outside its discretion and unfairly by deciding the insurance charge issue, which was not raised or pursued by the respondent, thereby descending into the arena and acting as an advocate for the tenant. The FTT's decision on insurance premiums is set aside and replaced with a finding that they are payable in full.

Court Disposition

appeal allowed

Orders

  • The FTT's decision on insurance premiums is set aside and replaced with a finding that they are payable in full.
  • The respondent is to pay the applicant the whole of the £114 application fee within 28 days.