[2025] UKUT 371 (LC)

Fecha: 30-Oct-2025

Conclusions

Disposal

56.

Mr and Mrs Williams are not required to contribute to the cost of works to parts of the Gascoyne Estate other than The Points, and they are not required to contribute to the cost of work to heating installations in blocks other than Hensley Point. For these reasons I allow the appeal on both grounds. I set aside the FTT’s decision and remit the proceedings to it for further consideration.

57.

The Management Charges notified to Mr and Mrs Williams under clause 3(A) of the lease were wrongly calculated and before the FTT can proceed with the application they will have to be recalculated. Although the number of items in the schedules of Estate costs and heating/hot water maintenance costs will be reduced as ineligible costs are excluded, the proportion payable by Mr and Mrs Williams will no doubt be adjusted upwards to reflect the smaller number of contributors (so that they pay a higher proportion of the cost of a smaller number of items). Whether the result is a net benefit to them or results in them paying more is not possible to tell without detailed calculations which cannot be undertaken until the Council states what it considers to be the proper apportionment of the different categories of costs. The parties should try to reach agreement on the amounts properly payable for each of the disputed years, and to enable them time to do so they should ask the FTT to stay any further steps in the proceedings for a period of three months.

Martin Rodger KC

Deputy Chamber President

30 October 2025

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.