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Conclusions
Conclusion
On the main point in issue, namely the charge for communal electricity for the years in issue, the appeal fails. The appeal succeeds in so far as the appellants ask the Tribunal to set aside any determination made by the FTT about future electricity charges. The appeal also succeeds in relation to the management fee and the Tribunal has substituted its own decision that a charge of 7.5% of the contract price was reasonably incurred.
Upper Tribunal Judge Elizabeth Cooke
5 December 2024
Corrected under rule 53 of the Tribunal’s rules on 9 December 2024
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.