[2024] UKUT 175 (LC)
Upper Tribunal Lands Chamber

[2024] UKUT 175 (LC)

Fecha: 26-Jun-2024

The decision of the FTT

The decision of the FTT

17.

The FTT’s decision on this issue was very shortly expressed. It said:

“55.

The leaseholders said the charges were excessive and proposed a reduction of about 2/3. Mr Spender said it was a point of principle as FirstPort were already

getting the management fee. [Ms Amies] the director of insurance had put in a witness statement but not attended. He said that limited weight should be given to her evidence. There were a number of questions that Mr Spender would have liked to have asked [Ms Amies] but was unable to ask. It was impossible for him to get a like for like quote in relation to the block policy.

56.

Mr Allison said it was wrong to challenge the commission as a matter of law. He said that the Tribunal was not here to assess the Commission received by the insurance broker. [FPIS] were part of the same entity but were a separate entity and were entitled to charging Commission.

57.

Mr Allison is correct that the premium was not proven to have increased by the commission therefore the Tribunal has no role in this matter. There were no comparators in any event.”

18.

That last paragraph is not easy to understand, but I accept Mr Allison’s suggestion that what was meant was that the leaseholders had not established that they were paying any more than they would have paid had the landlord used a different broker.