AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL (PROPRETY CHAMBER)
Ref: CHI/43UD/LSC/2023/0101
Strand, London WC2A 2LL |
||
B e f o r e :
Deputy Chamber President
____________________
DAVID WEBBER |
Appellant |
|
- and - |
||
RASHEEDA SYED |
Respondent |
|
1 Pinewood House, 115 Epsom Road, Guildford GU1 2LE |
____________________
3 June 2025
____________________
Crown Copyright ©
LANDLORD AND TENANT – SERVICE CHARGES – agreement or admission – evidence – s.27A(4), Landlord and Tenant Act 1985 – appeal allowed in part
The following cases are referred to in this decision:
Cain v London Borough of Islington [2015] UKUT 542 (LC)
G & A Gorrara Ltd v Kenilworth Court Block E RTM Co Ltd [2024] UKUT 81 (LC)
Waaler v London Borough of Hounslow [2012] EWCA Civ 45
Introduction
Ground 1: Had Ms Syed agreed the disputed charges?
(4) No application under subsection (1) or (3) may be made in respect of a matter which—
(a) has been agreed or admitted by the tenant, …
(5) But the tenant is not to be taken to have agreed or admitted any matter by reason only of having made any payment.
"Whilst she may not have used the words 'without prejudice' or 'payment under protest' it is clear that Ms Syed has protested the service charges at every turn and frequently referred to past protests or disputes. The Tribunal finds that she continued to dispute the charges whilst making payment and therefore cannot be said to have admitted the charges were reasonable."
Ground 2: Insurance
"Accordingly, the Tribunal finds that Mr Webber has not demonstrated that the premiums charged to the service charge account were reasonably incurred. It therefore discounts them by 100% across all years […]".
Ground 3 – Electricity charges
2016/17 - £100.89 (an increase of £50.44)
2017/18 - £160.39 (an increase of £76.03)
2018/19 - £146.94 (no change)
2019/20 - £89.21 (an increase of £57.09)
2020/21 - £87.08 (an increase of £32.32)
2021/22 - £87.34 (an increase of £5.54)
2022/23 - £52.68 (an increase of £40.21)
The aggregate of the additional charges is therefore £261.63.
Ground 4 – Maintenance charges for 2020/21
Disposal
Martin Rodger KC,
Deputy Chamber President
4 June 2025
Right of appeal
Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal's decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.