[2024] UKUT 15 (LC)

The issue in this appeal is whether the appellant, Crisplane Limited, is obliged to contribute through a service charge towards the costs incurred by the respondent, Plymouth Community Homes Ltd, in replacing the roofs of two blocks of flats in Rothesay Gardens in Plymouth. The appellant holds long leases of two flats from the respondent, one in each block.

The appeal is against a decision of the First-Tier Tribunal (Property Chamber) (the FTT) published on 12 April 2023. The FTT decided that under its leases the appellant was obliged to pay £7,965.60 for repairs carried out at each of the two buildings. Judgment for those sums plus interest and court costs were subsequently entered by the County Court pursuant to the FTT’s determination. This appeal is solely against the FTT’s decision and is brought with the its permission.

The appellant challenges the FTT’s conclusion that the leases of its two flats impose an obligation on it to contribute towards the cost of work to the roof. The issue concerns the interpretation of the leases, not the extent of the work or the reasons it was required.

At the hearing of the appeal the appellant was represented by Mr Rawdon Crozier, who had not appeared before the FTT, and the respondent by Mr Jonathan Ward, who had.