Witnesham Ventures Ltd v Markwick & Ors [2008] EWLands LRX_19_2007 (24 April 2008)

Witnesham Ventures Ltd v Markwick & Ors [2008] EWLands LRX_19_2007 (24 April 2008)

The LVT's decision was quashed in part because it failed to provide adequate reasons or findings of fact for disallowing certain service charge items, making it impossible for the parties to understand the basis of the decision. The disputes could only be justly determined by findings of fact, necessitating a rehearing before a differently constituted LVT.

Citation
[2008] EWLands LRX_19_2007
Parties
Appellant: Witnesham Ventures Limited; First Respondent: Mrs Frances Markwick; Second Respondent: Devonian Court Residents Association
Jurisdiction
England and Wales
Judgment Date
24 April 2008
Procedural Posture
Appeal From Leasehold Valuation Tribunal Decision / Appeal Judgment and Remittal Order
Outcome
Appeal allowed in part; LVT decision quashed in respect of disallowed service charge items and section 20C order; matter remitted for rehearing before differently constituted LVT.
Legal Topics
Service Charges, Leasehold Disputes, Section 27 a Landlord and Tenant Act 1985, Section 20 C Landlord and Tenant Act 1985, Tribunal Procedure, Findings of Fact, Adequacy of Reasons
Landlord and Tenant Property Law Service Charges Leasehold Disputes Section 27 a Landlord and Tenant Act 1985 Section 20 C Landlord and Tenant Act 1985 Tribunal Procedure Findings of Fact +1 more

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Parties

Witnesham Ventures Limited

Appellant

Mrs Frances Markwick

First Respondent

Devonian Court Residents Association

Second Respondent

Procedural Posture

Appeal From Leasehold Valuation Tribunal Decision / Appeal Judgment and Remittal Order

Legal Issues

  1. 1 Whether the Leasehold Valuation Tribunal (LVT) gave adequate reasons and findings of fact for disallowing certain service charge items
  2. 2 Whether the Lands Tribunal should itself determine the disputed items or remit for rehearing
  3. 3 Appropriate handling of costs under section 20C Landlord and Tenant Act 1985

Ratio Decidendi

The LVT's decision was quashed in part because it failed to provide adequate reasons or findings of fact for disallowing certain service charge items, making it impossible for the parties to understand the basis of the decision. The disputes could only be justly determined by findings of fact, necessitating a rehearing before a differently constituted LVT.

Court Disposition

Appeal allowed in part; LVT decision quashed in respect of disallowed service charge items and section 20C order; matter remitted for rehearing before differently constituted LVT.

Orders

  • LVT's decision disallowing service charge items totalling £155,337.86 quashed
  • Question of recoverability of these items remitted for fresh hearing before differently constituted LVT