[2023] UKUT 156 (LC)

Venue – Royal Courts of Justice

Birmingham Civil Justice Centre

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL

(PROPERTY CHAMBER)

LANDLORD AND TENANT – SERVICE CHARGES – construction of the tenancy agreement – whether a “Scheme Based Support Charge” was a variable service charge – if so was it payable – whether costs reasonably incurred

BETWEEN

ORBIT HOUSING ASSOCIATION LTD

Appellant

-and-

ROBERT VERNON

Respondent

Re: Flat 86, Rosalind Court,

Brunel Way,

Stratford Upon Avon,

CV37 6EL

Upper Tribunal Judge Elizabeth Cooke

6 July 2023

Decision Date: 17 July 2023

Mr David Nuttall for the appellant, instructed by Shakespeare Martineau LLP

Mr Justin Bates and Mr Harley Ronan for the respondent, instructed by Advocate (the Bar Pro Bono Unit)

© CROWN COPYRIGHT 2023