Philipp Stampfer v Avon Ground Rents Ltd

Philipp Stampfer v Avon Ground Rents Ltd

The lease does not permit the landlord to recover a charge for giving a section 166 notice as part of the costs of collecting rent. The omission of reference to incidental or ancillary costs in the relevant lease provision, and the absence of any express provision for section 166 notices, means the administration...

Source-derived case information.

Parties
Appellant: Philipp Stampfer; Respondent: Avon Ground Rents Ltd
Jurisdiction
England and Wales
Judgment Date
10 March 2022
Procedural Posture
Landlord and Tenant Appeal / Appeal From First Tier Tribunal to Upper Tribunal
Outcome
Appeal allowed
Legal Topics
Administration Charges, Ground Rent Collection, Lease Interpretation, Section 166 Notice, Commonhold and Leasehold Reform Act 2002
Landlord and Tenant Law Administration Charges Ground Rent Collection Lease Interpretation Section 166 Notice Commonhold and Leasehold Reform Act 2002

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Parties

Philipp Stampfer

Appellant

Avon Ground Rents Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the lease permits the landlord to recover a charge for giving a section 166 notice as part of the costs of collecting rent
  2. 2 Whether the administration charge for ground rent collection is payable under the lease

Ratio Decidendi

The lease does not permit the landlord to recover a charge for giving a section 166 notice as part of the costs of collecting rent. The omission of reference to incidental or ancillary costs in the relevant lease provision, and the absence of any express provision for section 166 notices, means the administration charge is not payable under the lease.

Court Disposition

Appeal allowed

Orders

  • The administration charge for the Ground Rent Collection Fee demanded in July 2019 and January 2020 is not payable under the lease.