Robert Vernon v Orbit Housing Association

Robert Vernon v Orbit Housing Association

No issue estoppel arose from the 2022 decision because it was limited to the facts and evidence of the service charge years 2021/22 and 2022/23. The 2025 Tribunal was entitled to make findings based on new evidence for subsequent years. Even if estoppel could arise, the exception applies as the earlier decision was wrong and it would be inequitable to bind Orbit for the duration of the tenancy.

Parties
Appellant: Robert Vernon; Respondent: Orbit Housing Association
Jurisdiction
England and Wales
Judgment Date
23 January 2026
Procedural Posture
Appeal / Upper Tribunal (lands Chamber) Decision
Outcome
Appeal dismissed
Legal Topics
Service Charges, Issue Estoppel, Reasonableness of Charges, Jurisdiction of Tribunal
Landlord and Tenant Property Law Civil Procedure Service Charges Issue Estoppel Reasonableness of Charges Jurisdiction of Tribunal

Case Brief

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Parties

Robert Vernon

Appellant

Orbit Housing Association

Respondent

Procedural Posture

Appeal / Upper Tribunal (lands Chamber) Decision

Legal Issues

  1. 1 Whether issue estoppel prevented the First-tier Tribunal in 2025 from making a decision inconsistent with its 2022 findings regarding the Scheme Based Support Charge (SBSC)
  2. 2 Whether the SBSC was a reasonable and payable service charge for 2023/24 and 2024/25

Ratio Decidendi

No issue estoppel arose from the 2022 decision because it was limited to the facts and evidence of the service charge years 2021/22 and 2022/23. The 2025 Tribunal was entitled to make findings based on new evidence for subsequent years. Even if estoppel could arise, the exception applies as the earlier decision was wrong and it would be inequitable to bind Orbit for the duration of the tenancy.

Court Disposition

Appeal dismissed

Orders

  • No issue estoppel prevents the FTT from deciding that services are provided for Mr Vernon in 2023/24 and 2024/25 for which the SBSC is a reasonable and payable charge.
  • Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision, subject to permission and time limits.