[2024] UKUT 72 (LC)

Case No: LC-2023-372

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

FTT REF: LON/00BG/LSC/2019/0277

26 March 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

LANDLORD AND TENANT – INSURANCE –commissions and fees received by landlords – whether leaseholders liable to pay gross insurance premiums without receiving credit for commissions and fees – s.19, Landlord and Tenant Act 1985 – appeal allowed and commission reduced from £1,517,372 to £536,182

BETWEEN:

OCTAGON OVERSEAS LIMITED (1)

CANARY RIVERSIDE ESTATE MANAGEMENT LIMITED (2)

Appellants

-and-

SANDRA CANTLAY and others

(members of the Residents’ Association of Canary Riverside)

Respondents

Canary Riverside,

Westferry Circus,

London E14

Martin Rodger KC,

Deputy Chamber President

7 March 2024

David Halpern KC and Justin Bates, instructed by Freeths LLP, for the appellants

Jonathan Upton and Mattie Green, instructed under the Bar Public Access Scheme, for the respondents

© CROWN COPYRIGHT 2024

The following cases are referred to in this decision:

Brown v Innovator One plc [2012] EWHC 1321

Trustees Executors and Agency Co Ltd v Reilly [1941] VLR 110

Williams v London Borough of Southwark (2001) 33 HLR 22