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England and Wales decisions
Decisions matching the current search
The Upper Tribunal allowed a service charge appeal after holding that the FTT unfairly decided an insurance-lease issue not raised by the parties.
The Upper Tribunal held that guest room charges under the lease were not required to be credited to the service charge account, so ÂŁ1,050 was not payable to the RTM company.
The Upper Tribunal upheld a service charge decision, finding that 2019 external works were extensive and that scaffolding costs were reasonably incurred.
The Upper Tribunal upheld the FTT’s discretionary orders limiting costs recovery under section 20C and paragraph 5A, and refused reimbursement of fees.
The Upper Tribunal held that time was of the essence for a lease clause requiring prior notice of estimated service charges, so a late 2024 notice did not make the interim charges payable in advance.
The Upper Tribunal held that the FTT wrongly limited section 20C and paragraph 5A relief to 50% and substituted full relief for the appellant.
The Upper Tribunal held that audited accounts and an external auditor’s certificate were a precondition to any balancing service charge under the lease, but not to interim charges.
The Upper Tribunal partly allowed a landlord’s appeal on service charges, finding the FTT overlooked relevant explanations and unfairly raised a new issue.
The Upper Tribunal allowed a landlord-and-tenant appeal, holding the FTT took an unduly technical approach to evidence about redecoration quality and remitted valuation issues.
Upper Tribunal partly allowed a service charge appeal, upholding most interim charges but ruling that a roof-works charge for Flat 14 was payable and no contingency charge was payable.
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