[2024] UKUT 63 (LC)

This appeal concerns the meaning of a standard form of lease used in a large and prestigious development in Central London comprising both residential and commercial premises. Specifically, it concerns the proportions in which the leaseholders of private apartments in the development are required to contribute towards the cost of services provided by the landlord to the development as a whole, and the extent of a discretion given to the landlord to vary those proportions.

The appeal is against a decision of the First-tier Tribunal, Property Chamber (the FTT) and there are three appellants (the freeholder, the head-leaseholder, and the management company responsible for the delivery of services and the collection of service charges). There are said by the appellants to have been 236 respondents before the FTT, who include the leaseholders of 140 apartments whose names have been supplied to the Tribunal by the Fitzroy Place Residents’ Association acting through one of their number, Mr Neil Willis. The first, second and fourth named respondents are leaseholders of individual flats who have chosen not to act through the Association.

At the hearing of the appeal (for which permission was given by the FTT) the appellants were represented by Ms Katrina Mather, the Association by Mr Edward Blakeney, and the fourth respondent (a company registered in Spain) by Mr Alexander Whatley. Other respondents did not participate in the hearing.