The arguments of the respondent
The arguments of the respondent
As a preface to Mr Morris’ argument it is convenient to repeat here the relevant terms of the lease:
“Residential Service
Charge Item” means any item of expenditure which is (or is intended) to be chargeable (in whole or in part) to the residential lessees of the Building
“Residential Service
Charge Proportion” means such fair proportion as the Landlord acting reasonably shall from time to time determine
…
- 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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