[2025] UKUT 342 (LC)

LC-2025-127

AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)

Ref: CH1/43UK/LBC/2024/0005/AW

Royal Courts of Justice, Strand,

London WC2A 2LL

20 October 2025

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

LANDLORD AND TENANT – BREACH OF COVENANT – covenant requiring tenant to lay sufficient carpet and underfelt to minimise sound induction – tenant laying acoustic barrier beneath vinyl flooring, later adding carpets only – whether covenant breached – burden of proof – adequacy of FTT’s determination – s.168, Commonhold and Leasehold Reform Act 2002 – appeal allowed

BETWEEN:

PETER CALNAN

Appellant

-and-

STACK HOUSE RESIDENTS (OXTED) LIMITED

Respondent

12 Stack House,

West Hill, Oxted,

Surrey

Martin Rodger KC,

Deputy Chamber President

6 October 2025

Priya Gopal, instructed by Morr Law, Solicitors, for the appellant

Elizabeth Fisher, instructed by Comptons, Solicitors, for the respondent

© CROWN COPYRIGHT 2025

The following case is referred to in this decision:

Marchitelli v 15 Westgate Terrace [2020] UKUT 192 (LC)