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Long leases.

The editors of this section are Piers Harrison, barrister (enfranchisement) and Jonathan Upton, barrister (service charges), assisted by Harriet Holmes, Richard Alford, Katie Gray, Diane Doliveux, Caoimhe McKearney, Will Beetson and Sam Madge-Wyld all of Tanfield Chambers London.

Service Charges

First-tier Tribunal Procedure

Iris Hyslop v 38/41 CHG Residents Co Limited [2017] UKUT 398 (LC)



Summary

The First-tier Tribunal is entitled to rely on an applicant to send its application, but not the FTT’s subsequent decision, to the respondents to that application. Time will not start running for a party to apply for a permission to appeal until the FTT has itself provided a copy of its decision to that party.

Facts

The landlord (L) sought a determination of the liability of 36 long leaseholders to pay service and administration charges. L was ordered to serve its application on all the respondents, and later confirmed that it had done so. No written objections to the application were received and the FTT determined the application on paper. The FTT subsequently sent its decision to the landlord and ordered it to ‘provide a copy to the respondents’.

The appellant leaseholder (T) averred that she had received neither the application nor the decision, and did not become aware of the proceedings at all until she was served with a claim for possession on the basis of non-payment of the service charges determined by the FTT.

Issues
  • Was the FTT entitled to rely on L to provide notice of the proceedings to the leaseholders?
  • Was the FTT entitled to rely on L to provide the reasons for its decision to the leaseholders?
First Instance ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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