Ms C Hibbert v Mr R Butlin (Southern : Section 35) [2016] UKFTT RP_CHI_45UD_LVL_2014_0003 (09 August 2016)

Ms C Hibbert v Mr R Butlin (Southern : Section 35) [2016] UKFTT RP_CHI_45UD_LVL_2014_0003 (09 August 2016)

The Tribunal found that the service charges for 2013, 2014, and 2015 were reasonable and payable. The new matter of cleaning issues raised by the applicant was not considered as it had not been mentioned prior to the hearing.

Source-derived case information.

Citation
[2016] UKFTT RP_CHI_45UD_LVL_2014_0003
Parties
Applicant: Ms C Hibbert; Respondent: Mr R Butlin
Jurisdiction
England and Wales
Judgment Date
09 August 2016
Procedural Posture
First Tier Tribunal (property Chamber) Section 35 Application / Decision
Outcome
Application dismissed in respect of challenge to service charges; service charges for 2013, 2014, and 2015 are payable.
Legal Topics
Service Charges, Reasonableness of Charges
Property Law Service Charges Reasonableness of Charges

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ms C Hibbert

Applicant

Mr R Butlin

Respondent

Procedural Posture

First Tier Tribunal (property Chamber) Section 35 Application / Decision

Legal Issues

  1. 1 Whether service charges for 2013, 2014, and 2015 were reasonable and payable
  2. 2 Whether new cleaning issues raised by applicant were admissible

Ratio Decidendi

The Tribunal found that the service charges for 2013, 2014, and 2015 were reasonable and payable. The new matter of cleaning issues raised by the applicant was not considered as it had not been mentioned prior to the hearing.

Court Disposition

Application dismissed in respect of challenge to service charges; service charges for 2013, 2014, and 2015 are payable.

Orders

  • Applicant to pay service charges for 2013, 2014, and 2015