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Conclusions
Conclusion
For these reasons I allow the appeal and set aside the FTT’s decision. I substitute a decision that no service charge is payable by the appellant in respect of the work to replace the roofs of Nos. 96 and 146.
This decision does not dispose of the County Court Judgments entered in respect of the two properties on the strength of the FTT’s determination of liability. If the appellant wishes to secure the discharge of those orders, it must apply to the County Court.
Martin Rodger KC,
Deputy Chamber President
16 January 2024
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.