Introduction
Introduction
This is an appeal from a decision of the First-tier Tribunal (“the FTT”) that the appellant landlord was not entitled to recover from the respondents, as part of their service charge, the cost of work needed to remedy structural defects caused by the construction of the building using the Large Panel System.
The appellant was represented by Mr Justin Bates KC and Ms Mattie Green, and the respondents by Ms Ellodie Gibbons, and I am grateful to them all.
There are 32 long leaseholders in the buildings concerned but only nine have participated in these proceedings; Mr Bates KC confirmed at the hearing that the appellant will apply the outcome of this appeal to all the long leaseholders. As I shall explain, the appeal fails, and therefore none of the long leaseholders will be charged the cost of the works in question.
- 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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