The Chimes (Blackpool) Ltd v The First-Tier Property Chamber

The Tribunal found that a breakdown of the service charges for the 18-month period was provided and the charges were reasonable and payable; legal costs were not recoverable as the proceedings were not for forfeiture and service charges were not reserved as rent.

Parties: Appellant: The Chimes (Blackpool) Ltd; Respondent: James Murray
Jurisdiction: England and Wales
Judgment Date: 19 December 2024
Procedural Posture: Landlord and Tenant Appeal / Appeal From First Tier Tribunal (property Chamber) to Upper Tribunal (lands Chamber)
Outcome: Appeal allowed in part; service charges for 1 July 2021 to 31 December 2022 are payable; appeal on legal costs dismissed.
Legal Topics: Service Charges, Legal Costs, Lease Interpretation, Jurisdiction of Tribunal

Landlord and Tenant Law Service Charges Legal Costs Lease Interpretation Jurisdiction of Tribunal

Case Brief

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Parties

The Chimes (Blackpool) Ltd

Appellant

James Murray

Respondent

Procedural Posture

Landlord and Tenant Appeal / Appeal From First Tier Tribunal (property Chamber) to Upper Tribunal (lands Chamber)

Legal Issues

1 Whether service charges for the period 1 July 2021 to 31 December 2022 are reasonable and payable
2 Whether legal costs of proceedings are recoverable under clause 3(7) of the lease

Ratio Decidendi

Court Disposition

Appeal allowed in part; service charges for 1 July 2021 to 31 December 2022 are payable; appeal on legal costs dismissed.

Orders

Service charges of £1,070 for the period 1 July 2021 to 31 December 2022 are payable by Mr Murray.
No order for recovery of legal costs of proceedings.