Triplerose Limited v Holly Bowles & Ors.

Triplerose Limited v Holly Bowles & Ors.

The Upper Tribunal held that the First-tier Tribunal exceeded its jurisdiction by determining the reasonableness of the entirety of the cleaning and management fees when only a portion was challenged by the leaseholders. The FTT was bound by the admissions in the Scott Schedule and statement of case, and could only determine the reasonableness of the disputed portions. The FTT's decision on CCTV charges was adequately reasoned and not in error.

Parties
Appellant: Triplerose Limited; Respondents: Ms Holly Bowles and others (see schedule)
Jurisdiction
England and Wales
Judgment Date
05 August 2022
Procedural Posture
Appeal From First Tier Tribunal (property Chamber) / Upper Tribunal (lands Chamber) Written Decision
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Service Charges, Jurisdiction of Tribunal, Reasonableness of Charges, Concession and Admission of Liability
Landlord and Tenant Law Service Charges Jurisdiction of Tribunal Reasonableness of Charges Concession and Admission of Liability

Case Brief

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Parties

Triplerose Limited

Appellant

Ms Holly Bowles and others (see schedule)

Respondents

Procedural Posture

Appeal From First Tier Tribunal (property Chamber) / Upper Tribunal (lands Chamber) Written Decision

Legal Issues

  1. 1 Whether the First-tier Tribunal exceeded its jurisdiction by determining the reasonableness of service charges beyond the amounts challenged by the leaseholders
  2. 2 Whether the First-tier Tribunal provided adequate reasons for its decision regarding CCTV charges

Ratio Decidendi

The Upper Tribunal held that the First-tier Tribunal exceeded its jurisdiction by determining the reasonableness of the entirety of the cleaning and management fees when only a portion was challenged by the leaseholders. The FTT was bound by the admissions in the Scott Schedule and statement of case, and could only determine the reasonableness of the disputed portions. The FTT's decision on CCTV charges was adequately reasoned and not in error.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • The FTT's decision on cleaning and management fees is set aside and substituted with the Tribunal's own calculation based on the amounts challenged by the leaseholders.
  • The FTT's decision on CCTV charges is upheld.