Conclusions
Conclusion
The appeal fails, because although the appellant is right about the construction of section 35(2)(f) the Tribunal declines to exercise its discretion to vary the residential leases. The outcome remains as decided by the FTT and no variation is made.
Upper Tribunal Judge Elizabeth Cooke
9 February 2024
Schedule of respondents
EMMANUEL & YVETTE LINGOM
MIRIAM TECLE
BRETT NOBLE & CHRIS MCNAMARA
JOSEPH DONOVAN
ANJA STOSIC
JORGE TSENG
OLADIPO ODUNSI
MATTHEW BARBER
TAFUZZAL MIAH
MOHAMMED & NADINE BASIT
BETH SPENCER (12) FATMA & SHAHEEN JOGIAT
CYNTHIA KENG JU QUEK
ELSA-JON GERALDINE CARDOZA
PETER MENGERINK (16) CYPRIAN CROWLEY
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.
- Heading
- Introduction
- The legal background
- The factual background and the leases
- Section 4
- Section 5
- The proceedings in the FTT
- The appeal
- Ground 1: the FTT misconstrued section 35(4) (b)
- Ground 2: the “fair proportion” contributions
- Grounds 3: relevant considerations
- Ground 4: what is a “satisfactory” service charge provision
- Grounds 5, 6 and 7
- Disposal: the Tribunal’s substituted decision
- Conclusions
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