Michael Wynne v Rodger Yates & Anor

Michael Wynne v Rodger Yates & Anor

The Upper Tribunal found that the First-tier Tribunal's refusal to grant dispensation was irrational as there was no evidence of prejudice to the tenants. The additional works did not require fresh consultation as they were part of the same set of works, and the respondents provided no evidence that the charges were unreasonable. The interim service charges for December 2018, June 2019, and December 2019 are payable.

Parties
Appellant: Michael Wynne; Respondent: Rodger Yates; Respondent: Lawrence Livingston
Jurisdiction
England and Wales
Judgment Date
12 November 2021
Procedural Posture
Landlord and Tenant Appeal / Appeal From First Tier Tribunal to Upper Tribunal
Outcome
appeal allowed
Legal Topics
Service Charges, Reasonableness of Charges, Consultation Requirements, Dispensation From Consultation, Major Works
Landlord and Tenant Law Property Law Service Charges Reasonableness of Charges Consultation Requirements Dispensation From Consultation Major Works

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Parties

Michael Wynne

Appellant

Rodger Yates

Respondent

Lawrence Livingston

Respondent

Procedural Posture

Landlord and Tenant Appeal / Appeal From First Tier Tribunal to Upper Tribunal

Legal Issues

  1. 1 Whether the interim service charges demanded were reasonable and payable
  2. 2 Whether dispensation from consultation requirements for major works should be granted

Ratio Decidendi

The Upper Tribunal found that the First-tier Tribunal's refusal to grant dispensation was irrational as there was no evidence of prejudice to the tenants. The additional works did not require fresh consultation as they were part of the same set of works, and the respondents provided no evidence that the charges were unreasonable. The interim service charges for December 2018, June 2019, and December 2019 are payable.

Court Disposition

appeal allowed

Orders

  • The First-tier Tribunal's decision is set aside in its entirety.
  • The interim service charges for December 2018, June 2019, and December 2019 are payable by the respondents.