[2023] UKUT 197 (LC)

LC-2022-584

Royal Courts of Justice,

London WC2A

14 August 2023

Corrected pursuant to rule 53, (Upper Tribunal) (Lands Chamber) Rules 2010

– 25 August 2023

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL

(PROPERTY CHAMBER)

LANDLORD AND TENANT – SERVICE CHARGES – effect of dismissal of County Court claim – whether leaseholder entitled to credit for on-account sums already paid – limitation – appropriation – whether costs of proceedings recoverable as administration charges – s.27A, Landlord and Tenant Act 1985 – Schedule 11, Commonhold and Leasehold Reform Act 2002 – appeal allowed in part

BETWEEN

ADAM DAVIES

Appellant

-and-

BENWELL ROAD RTM COMPANY LTD

Respondent

Re: 3 Benwell Road,

London N7

Martin Rodger KC,

Deputy Chamber President

27 June 2023

Jonathan Ward, instructed directly, for the appellant

Miss Amanda Gourlay, instructed by Lazarev Cleaver LLP, for the respondent

© CROWN COPYRIGHT 2023

The following cases are referred to in this decision:

Khandanpour v Chambers [2019] EWCA Civ 570

Mayor and Burgesses of the London Borough of Tower Hamlets v Khan [2022] EWCA Civ 831