Ross Smith v Waterloo Warehouse RTM Co Ltd

Ross Smith v Waterloo Warehouse RTM Co Ltd

The FTT erred by determining contested issues of fact without a hearing, particularly where credibility was central and written evidence was insufficient; its findings on service charge demands and allocation of payments are set aside.

Parties
Appellant: Ross Smith; Respondent: Waterloo Warehouse RTM Co Ltd
Jurisdiction
England and Wales
Judgment Date
05 January 2023
Procedural Posture
Appeal / Upper Tribunal Determination on Written Representations
Outcome
Appeal allowed; FTT decision set aside and remitted for fresh determination by a different panel.
Legal Topics
Service Charges, Administration Charges, Right to Manage, Procedural Fairness, Allocation of Payments
Landlord and Tenant Property Law Service Charges Administration Charges Right to Manage Procedural Fairness Allocation of Payments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Ross Smith

Appellant

Waterloo Warehouse RTM Co Ltd

Respondent

Procedural Posture

Appeal / Upper Tribunal Determination on Written Representations

Legal Issues

  1. 1 Whether service charge demands contained prescribed information and summary of tenant's rights
  2. 2 Whether payments made by the appellant were allocated as agreed
  3. 3 Whether contested issues of fact can be determined without a hearing

Ratio Decidendi

The FTT erred by determining contested issues of fact without a hearing, particularly where credibility was central and written evidence was insufficient; its findings on service charge demands and allocation of payments are set aside.

Court Disposition

Appeal allowed; FTT decision set aside and remitted for fresh determination by a different panel.

Orders

  • Findings in paragraphs 31 and 32 of FTT decision set aside.
  • Decision on section 20C application set aside.