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Grounds 3: relevant considerations
Grounds 3: relevant considerations
Ground 3 attacked some aspects of the reasoning in the FTT’s decision. Mr Cowen KC agreed that ground 3 by itself would not get the appellant home. As grounds 1 and 2 have succeeded there is no point in granting permission on this ground; equally there would have been no point had grounds 1 and 2 failed. Permission on this ground is refused.
- 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