[2024] UKUT 50 (LC)

Case No: LC-2023-328

AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)

FTT REF: LON/00BK/2022/0143

Royal Courts of Justice

20 February 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

LANDLORD AND TENANT – ADMINISTRATION CHARGE – recovery of costs as an administration charge when incurred “for the purpose of and incidental to the preparation and service of a notice under section 146 of the Law of Property Act 1925” – whether the issue of proceedings for a money judgment for unpaid service charges amounts to waiver of the right to forfeit for failure to pay those charges

BETWEEN:

PAOLO CLEMENTE

Appellant

-and-

MINDMERE LIMITED

Respondent

Flat 7,

154 Gloucester Terrace,

London, W2 6HR

Upper Tribunal Judge Elizabeth Cooke

Mr Daniel Wand for the respondent, instructed by William Heath & Co Solicitors.

© CROWN COPYRIGHT 2024

The following cases are referred to in this decision:

Cornillie v Saha (1996) 28 HLR 561

Cussens v Realreed Limited [2013] EWHC 1229

London Borough of Tower Hamlets v Khan [2022] EWCA Civ 831

1.