[2025] UKUT 369 (LC)

The appellant, Mr Barton, is the tenant of a flat belonging to the respondent, Platform Housing Ltd (“Platform”). Under the terms of his tenancy Mr Barton is required to pay Platform a monthly rent together with a monthly service charge and a separate charge for heating and hot water. The rent and service charge are sums determined by Platform which remain unchanged until they are increased once a year by a notice given by Platform stating the new amounts Mr Barton is required to pay.

Mr Barton would like the First-tier Tribunal, Property Chamber (“the FTT”) to consider whether the service charges he has paid since his tenancy commenced in 2020 have been reasonable. He applied to the FTT under section 27A, Landlord and Tenant Act 1985 (“the 1985 Act”), for a determination by it of the amount he was required to pay. But the FTT refused to consider his application and struck it out on the grounds that the charge payable by Mr Barton was not a service charge within the meaning of section 18(1) of the 1985 Act. Mr Barton now appeals against that decision, with the permission of the FTT.

The appeal raises an issue which was first determined by the Lands Tribunal in Home Group Ltd v Lewis [2008] EWLands LRX/176/2006, a decision followed in Chand v Calmore Area Housing Association Ltd [2008] EWLands LRX/170/2007. Both those decisions were distinguished by this Tribunal in Re: Southern Housing Group Ltd [2010] UKUT 237 (LC), without expressing any doubt about their correctness. In giving permission to appeal the FTT nevertheless suggested that these cases may have been wrongly decided and should be considered again.

At the hearing of the appeal Mr Barton represented himself and Platform was represented by Mr Ranjit Bhose KC. I am grateful to them both for their submissions.