Conclusions
Conclusion
The appeal succeeds in part and fails in part. It fails in relation to the gym costs charged to the appellants in the years 2013 to 2020. It succeeds in relation to 2021, 2022 and 2023 and the FTT’s decision is set aside to that extent.
Upper Tribunal Judge Elizabeth Cooke
15 May 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.
- Heading
- Introduction
- The leases and the factual background to the appeal
- The legal background
- The background to Aviva
- The Supreme Court’s decision in Aviva
- What is the effect of a discretion qualified by an express obligation to act reasonably?
- The FTT’s decision
- The appeal
- Ground 6: was there jurisdiction to make a determination about the years 2013 to 2020?
- The substantive grounds of appeal
- The arguments of the respondent
- 10: (a) to pay to the Landlord within seven days of demand the Residential Service Charge Proportion of
- Discussion
- Conclusions
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