Conclusions
Conclusion
The appeal fails and the decision of the FTT stands.
Mr Bates KC indicated that the appellant is content to submit to an order under section 20C of the Landlord and Tenant Act 1985 that its costs in this litigation shall not be recovered from the leaseholders by way of service charge; if the parties would like a formal order to that effect I shall make one
Upper Tribunal Judge Elizabeth Cooke
11 July 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 Barleymow Estate and the Large Panel System
- The terms of the leases and the FTT’s decision
- Two irrelevant issues
- The proviso in the two earliest leases
- Clause 5(5)(a): “To maintain and keep in good and substantial repair and condition”
- Clause 5(5)(o): safety
- The definition of Total Expenditure
- Conclusions
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