[2024] UKUT 37 (LC)

Case No: LC-2023-538

ON APPEAL FROM THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)

FTT Ref: LON/00BG/LVT/2022/0003

Royal Courts of Justice

23 January 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

LANDLORD AND TENANT – VARIATION OF LEASE – computation of a service charge in a lease – the construction of the “gateway” provisions of section 35(2) of the Landlord and Tenant Act 1987 – exercise of discretion – whether variation sought would be reasonable or would substantially prejudice the leaseholders

BETWEEN:

TOWER HAMLETS COMMUNITY HOUSING LIMITED

Appellant

-and-

LEASEHOLDERS OF PAINTER HOUSE

Respondents

Painter House,

Sidney Street,

London E1 2HU

Upper Tribunal Judge Elizabeth Cooke

Decision date: 9 February 2024

Mr Gary Cowen KC and Edward Blakeney for the appellant, instructed by Capsticks Solicitors

Mr Adam Swirsky for the respondents instructed on a direct access basis

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