Swanlane Estates Ltd v Woods & Ors [2008] EWLands LRX_159_2007 (05 August 2008)

Swanlane Estates Ltd v Woods & Ors [2008] EWLands LRX_159_2007 (05 August 2008)

The LVT was entitled to raise section 20 and 20B issues on its own motion, but denied the landlord a fair hearing by not allowing sufficient time to address those issues, thereby breaching natural justice. The appeal is allowed and the relevant issues are remitted for reconsideration.

Citation
[2008] EWLands LRX_159_2007
Parties
Claimant: Swanlane Estates Limited; Respondent: Mr T Woods; Respondent: Mr and Mrs J Fieldus; Respondent: Mr and Mrs M F Charles; Respondent: Mr and Mrs P J Brackley; Respondent: Mr and Mrs Thomas; Respondent: Mr A Aido and Ms D Remy; Respondent: Mr A Underdown; Respondent: Mr B Mtandabari; Respondent: Mr C Barber; Respondent: Mr D Banks; Respondent: Mr D Coulson; Respondent: Mr J Manley Bird; Respondent: Mr S Markwick; Respondent: Mrs J Denyer; Respondent: Ms A Colgate; Respondent: Ms A Kennard; Respondent: Ms C Penny; Respondent: Ms C Shanley; Respondent: Ms E Ramsay; Respondent: Ms J Griffin; Respondent: Ms S E Norman; Respondent: Ms T Winn and Mr M Coombes; Respondent: Ms V Vermundsen
Jurisdiction
England and Wales
Judgment Date
05 August 2008
Procedural Posture
Appeal / Appeal From Leasehold Valuation Tribunal to Lands Tribunal
Outcome
Appeal allowed; LVT decision on section 20 and 20B points set aside and remitted for reconsideration by a differently constituted LVT.
Legal Topics
Service Charges, Section 20 Notices, Section 20 B Notices, Natural Justice, Procedural Fairness
Landlord and Tenant Property Law Service Charges Section 20 Notices Section 20 B Notices Natural Justice Procedural Fairness

Case Brief

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Parties

Swanlane Estates Limited

Claimant

Mr T Woods

Respondent

Mr and Mrs J Fieldus

Respondent

Mr and Mrs M F Charles

Respondent

Mr and Mrs P J Brackley

Respondent

Mr and Mrs Thomas

Respondent

Mr A Aido and Ms D Remy

Respondent

Mr A Underdown

Respondent

Mr B Mtandabari

Respondent

Mr C Barber

Respondent

Mr D Banks

Respondent

Mr D Coulson

Respondent

Mr J Manley Bird

Respondent

Mr S Markwick

Respondent

Mrs J Denyer

Respondent

Ms A Colgate

Respondent

Ms A Kennard

Respondent

Ms C Penny

Respondent

Ms C Shanley

Respondent

Ms E Ramsay

Respondent

Ms J Griffin

Respondent

Ms S E Norman

Respondent

Ms T Winn and Mr M Coombes

Respondent

Ms V Vermundsen

Respondent

Procedural Posture

Appeal / Appeal From Leasehold Valuation Tribunal to Lands Tribunal

Legal Issues

  1. 1 Whether the Leasehold Valuation Tribunal was entitled to raise section 20 and section 20B points on its own motion
  2. 2 Whether the Landlord was given a fair hearing and sufficient opportunity to address section 20 and 20B compliance
  3. 3 Whether the LVT's decision to disallow service charges and grant section 20C relief was procedurally fair

Ratio Decidendi

The LVT was entitled to raise section 20 and 20B issues on its own motion, but denied the landlord a fair hearing by not allowing sufficient time to address those issues, thereby breaching natural justice. The appeal is allowed and the relevant issues are remitted for reconsideration.

Court Disposition

Appeal allowed; LVT decision on section 20 and 20B points set aside and remitted for reconsideration by a differently constituted LVT.

Orders

  • Issues of section 20 and 20B compliance remitted to a differently constituted LVT.
  • Section 20C costs issue also remitted.