Upper Tribunal Lands Chamber
Case No. UKUT-169-(LC)-UTLC-Case-Number:-LC-2021-607
Fecha: 23-Jun-2022
Introduction
1.When the award-winning architect Sophie Hicks planned to build an underground mansion in Holland Park, with a glass cube above ground which would glow at night, she met with stiff opposition from her neighbours. After several rounds of litigation her plans had to be scaled down and to that extent the neighbours were successful. But success has come at a heavy price in terms of litigation and other costs, and this appeal is one of the consequences of that protracted battle.2.The appeal is from a decision of the First-tier Tribunal (“the FTT”) about the payability and reasonableness of leasehold service charges in the sum of £430,411.50, said to be the appellants’ share of the costs accrued between 2014 and 2020 by the freeholder of 89 Holland Park, the building in which they hold a long lease of a flat. 3.The appellants were represented at the hearing of the appeal by Mr Mark Loveday and Ms Mattie Green, and the respondent by Mr Shomik Datta, all of counsel, and I am grateful to them.
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- Introduction
- The appeal
- The appellants’ lease
- To employ all such surveyors builders architects engineers tradesmen solicitors accountants or other professional persons as may be necessary or desirable for the proper maintenance safety and administration of the Building.”
- Without prejudice to the foregoing to do or cause to be done all such works installations acts matters and things as in the reasonable discretion of the Lessor may be considered necessary or advisable for the proper maintenance safety amenity and administration of the Building
- The arguments on the appeal
- Conclusion
- Right of appeal