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Conclusions
Disposal
The FTT found that the leaseholders had contributed £1,517,372 in respect of fees paid to WMS between 2010 and 2020. For the reason I have given I am satisfied that the Landlords have failed to demonstrate that they are entitled to any more than £536,182 of that total. That is therefore the figure which I find to have been payable in respect of the services provided by WMS which were remunerated through the commission received from the insurer.
I therefore allow the Landlords’ appeal and in place of the FTT’s finding that nothing was payable, I substitute a determination under section 27A, Landlord and Tenant Act 1985, that the leaseholders were liable to pay £536,182 and not £1,517,372 for the work of WMS. Including Insurance Premium Tax the total sum payable is £579,039 instead of £1,638,709.
Martin Rodger KC,
Deputy Chamber President
26 March 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.