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.
There are four cases this month:
- Whether failing to certify landlord’s expenditure rendered charges irrecoverable?
- Reasonableness of service charge demand when costs maybe recoverable from another source?
- Whether works of improvement should be disregarded in determining price paid on enfranchisement?
- Whether the same valuation assumption applying to a particular property also extended to all other properties in the same building able to seek a lease extension?
Failure to serve a certificate - what is the effect - what does the lease say?
Urban Splash Work Ltd v Ridgway & Cunningham
 UKUT 0032 (LC)
The Upper Tribunal considered an appeal relating to the recoverability of service and administration charges pursuant to the terms of a lease, where the landlord failed to issue a certificate.
The Appellant is the freehold owner of a block of apartments and the Respondents are the long leasehold owners of a flat within the block. The parties were in dispute about various service charges and other fees levied upon them by the freeholder between 2010 and 2017. Although required by the lease, no certificates of expenditure for any of the service charge years were served on the tenants until December 2016. The managing agents had levied on the tenant several administration charges arising from enforcement action taken to recover the arrears.
- Whether the failure to certify the landlord’s expenditure was a condition precedent to recovery of service charges; and
- Whether the various administration charges were recoverable?
The FTT declined to make a determination about the 2010 service charge year on the grounds that there was insufficient evidence to do so and gave the freeholder an opportunity to file further evidence. Further, it found that none of the variable administration charges were payable and made a ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW
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