Introduction
Introduction
This appeal is brought with the permission of the First-tier Tribunal from its refusal of the appellant landlord’s application, made pursuant to section 35 of the Landlord and Tenant Act 1987, for variations of the leases under which the respondents hold their flats in Painter House, Sidney Street, London E1. The names of the lessees who opposed the application and are respondents to the appeal are set out at the end of this decision
The appellant was represented in the appeal by Mr Gary Cowen KC and Mr Edward Blakeney, and the respondents by Mr Adam Swirsky; I am grateful to them all. Mr Blakeney also appeared before the FTT, and Mr Swirsky provided written submissions for the FTT hearing.
- 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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