Heading

Case No: LC-2024-000375
IN THE MATTER OF AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)
FTT Ref: LON/OOBG/LSC/2023/0098
The Rolls Building
7 Rolls Buildings
Fetter Lane
London
EC4A 1NL
8th April 2025
TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
LANDLORD AND TENANT – FTT PROCEDURE – new issue raised by First-tier Tribunal at the beginning of hearing to determine reasonableness of service charges - unfair conduct of hearing leading to the appearance of bias – decision of the First-tier Tribunal to admit new issue and give directions for its determination set aside
BETWEEN:
SOVEREIGN NETWORK HOMES
(formerly known as Network Homes Limited)
Appellant
-and-
(1) DR SHOGHIK HAKOBYAN AND OTHERS
(2) CUDWEED MANAGEMENT COMPANY LIMITED
Respondents
203 Cudweed Court,
2 Watergate Walk,
London, E14 9XH
The Chamber President, Mr Justice Edwin Johnson
4th March 2025
Justin Bates KC and Katherine (Kate) Traynor, instructed directly by Sovereign Network Homes’ internal legal department, for the Appellant
Dr Shoghik Hakobyan and Ms Claudia Labruzzo appeared in person, for themselves and the remainder of the First Respondents/Applicants
The Second Respondent did not appear and was not represented
© CROWN COPYRIGHT 2025
The following cases are referred to in this decision:
Serafin v Malkiewicz [2020] UKSC 23 [2020] 1 WLR 2455
Thirty One Crescent Grove Ltd v Atherden [2024] UKUT 80 (LC)
Birmingham City Council v Keddie [2012] UKUT 323 (LC)
Admiralty Park Management Company Limited v Olufemi Ojo [2016] UKUT 421 (LC)
Regent Management Limited v Jones [2012] UKUT 369 (LC)
Bucklitsch v Merchant Exchange Management Company Limited [2016] UKUT 527 (LC)
32 St John’s Road (Eastbourne) Management Company Limited v Gell [2021] EWCA Civ 789 [2021] 1 WLR 6094
Moustache v Chelsea and Westminster Hospital NHS Foundation Trust [2025] EWCA Civ 185
Peabody Trust v Welstead [2024] UKUT] 41 (LC)
M&P Enterprises Limited v Norfolk Square (Northern Section) Limited [2018] EWHC 2665 (Ch)
Re G (A Child) [2015] EWCA Civ 834
Bubbles & Wine Ltd v Lusha [2018] EWCA Civ 468
- Heading
- Introduction
- The parties and the relevant property
- The application to the FTT
- The relevant service charge provisions
- The relevant procedural history of the Application
- The Hearing
- The FTT’s analysis of the Contractual Liability Issue
- The grounds of the appeal
- Ground 1 – was there admission or agreement within the meaning of Section 27A? - analysis and determination
- Ground 1 – the remaining grounds of appeal – analysis and determination
- Ground 2 - analysis and determination
- Conclusions
![[2025] UKUT 115 (LC)](https://backend.juristeca.com/files/emisores/logo_lnJS4Uj.png)